New bill proposes digital protest notices, tighter rules on police conduct during demonstrations

The Kenya National Commission on Human Rights (KNCHR) and the Office of the Attorney General (OAG) have developed a legislative proposal to facilitate peaceful demonstrations.

Under the proposed Bill, notices to picket or present public petitions can now be submitted through email, WhatsApp messages or even by affixing the notices near police stations. 

The bill comes after the High Court sitting in Kisumu delivered a landmark judgment directing the government to develop and publish clear legal and operational regulations governing public assemblies, demonstrations, picketing and the use of force by law enforcement officers.

The Bill, which is now awaiting public input, states in part that "an organiser of an assembly, picket or demonstration shall notify the regulating officer of the intention to hold the assembly, picket or demonstration."

According to the proposals, the notification shall be in writing and may be delivered in person to the regulating officer or to the regulating officer's electronic address.

Where it is not possible to deliver the notification in person or to the electronic address of the regulating officer, the notice may be affixed to the official premises of the regulating officer or in a public place near or around the official premises of the regulating officer.

Where protests are spontaneous and occur without prior notice, regulating officers are required to protect participants, journalists, healthcare workers, observers and monitors, as well as public and private property.

According to the new proposals, a regulating officer may prohibit the conduct or holding of an assembly, picket or demonstration where there is a credible, specific and imminent risk of death, serious violence, serious injury or extensive destruction of property.

Where plain-clothed police officers are deployed in relation to a demonstration, they shall be deployed for the purposes of gathering criminal intelligence and monitoring suspected offenders who have infiltrated or intend to infiltrate the assembly, picket or demonstration.

According to the Bill, a firearm may be used to disperse an assembly, picket or demonstration only where it is strictly necessary to protect life or prevent serious injury, and in accordance with the Constitution and the National Police Service Act.

The legislative proposal will undergo comprehensive public participation before being submitted to Parliament.