Explainer: What you need to know about Bill that seeks to regulate protests

The Assembly and Demonstrations Bill, 2024, sponsored by Mbeere North MP Geoffrey Ruku, outlines the provisions for how an assembly is conducted to safeguard public property and protect lives.

According to the law, any individual who plans to hold a protest must notify authorities within a period of 3 to 14 days prior.

The notice must contain the organiser's full names, physical address of the intended protests, the intended route and proposed date of the assembly. The organiser can also request the police to be present to maintain order during the protests.

Police officers shall then notify the organiser in case a location has already been booked by another group that had issued prior notice of an assembly.

If an assembly is approved, the organiser must be present throughout the protest to assist the police in maintenance of peace and order.

In the proposed new law, an officer who holds a rank above an inspector may decline a protest to be held if the planned demos violate the law or will pose an imminent danger to people's lives.

The Bill proposes that any person who takes part in an unlawful assembly be liable for one-year imprisonment.

Police officers are required to keep a public register of all notices received for protests and any Kenyan will be given the right to inspect the register during working hours. 

The Bill also seeks to give authorities powers to impose conditions to a protest if they deem that it will pose a threat to public lives and property.

However, if a condition is imposed, an organiser can apply to the High Court to set aside the regulation, which shall be filed within three days after receiving the notice.

Conduct of the Protests

According to the Bill, the organiser shall appoint marshals who will assist in controlling the participants of the protests to ensure peace. 

Protestors will not be allowed to carry placards, banners, or sing chants if they incite hatred of other people based on their culture, race, sex, language or religion.

They will also be to act in any violent manner, possess weapons or wear a mask which hides ones face to prevent identification. 

They will also not be required to wear any form of clothes that resemble the police or Kenya Defence Forces (KDF).

If property is damaged during the protests, every person who participated shall be held liable. 

Powers of the Police

During the protests, the police will be legally allowed to carry out the following, if the Bill passes into law:

a) Prevent protestors from deviating from the intended route as specified in the notice. 

b) Guide the protestors to a route to ensure that traffic is not interfered with or keep off rival groups and safeguard public property. 

c) Order any protestor who attempts to interfere with the demos to keep off. 

d) Take necessary steps to protect persons and property during the demos.

Those who violate the provisions of the Bill will be liable to pay a fine not exceeding Ksh.100,000 or a jail term not exceeding one year.

The Bill is currently in the public participation stage before it heads back to the National Assembly for review.