No placards, 1-year imprisonment: MP Geoffrey Ruku drafts Bill to guide conduct of demos

Mbeere North Member of Parliament Geoffrey Ruku has, in what appears to be a move to tame the opposition’s anti-government protests, proposed a Bill to regulate the conduct of demonstrations and actions of picketing.

Ruku wants organisers of protests to be held liable for any damage or loss of lives and property, and that those who engage in outlawed protests be liable for one-year imprisonment.

The MP, while defending the proposed Bill, said it does not limit the rights and freedom of Kenyans to picket or demonstrate, but that it is set to ensure the conveners engage in peaceful protests.

This comes amid threats by the Azimio la Umoja One Kenya coalition party on the resumption of protests to lament the government's failure to address issues they had raised, including lowering the cost of living.

According to the Mbeere North legislator, such demonstrations in the recent past have have led to massive destruction, looting and even loss of lives.

“We have to take care of public safety, public order and protection of rights and freedoms of other persons. This must be regulated, we must ensure that demos are done in a manner that do not infringe on the rights of others,” Ruku argues.

The Bill seeks to enrich Article 37 of the Constitution which gives every Kenyan the right to assemble, demonstrate and picket.

Some of the proposals include making the convener of the demonstration accountable for any damage arising from the assembly, and that further if a person defies the law and goes ahead to convene and participate in an outlawed assembly, the individual is deemed to have defied the Penal Code and is liable to a one-year imprisonment.

“The Bill recognises the right to picket, but in a democratic society we must be disciplined, we must run a nation that is disciplined, we must put measures; what extent police go, the obligations of the organisers of the demos...you can’t destroy property, we can’t have a loss of life in the course of demos, let us have peaceful demos and for this to be achieved we must have regulations,” he noted.

The Bill also empowers the police to deal with protesters such that any officer above the rank of inspector has the power to prevent individuals from holding any assembly where it is clear that there is imminent danger of a possible breach of the peace or public order.

They will also prevent protesters from deviating from the route specified in the notice such that they are restricted; ensure there is no interference with the movement of vehicles or pedestrian traffic; and that if there are rival groups meeting, there is an appropriate distance between the groups.

Others are that in the spirit of Utumishi Kwa Wote, they protect persons and property whether or not they are participants in the demonstrations.

The MP says if the Bill which is now at the committee stage gets a stamp of approval from the August House, organisers of mass protests will ensure the gatherings do not cause loss of lives and property.

“We have seen violent demos in the past, lives and property lost, no one has been held accountable,” he said.

The Bill also requires that organisers appoint marshalls who will be in charge of ensuring the procession or gathering adheres to Article 37 of the Constitution of being peaceful.

It outlaws the carrying of banners, placards or even speech that is seen to incite hatred or persons, disguising of faces to ensure individuals can be identified, that the protesters shall not possess any weapon and that they will not wear clothing resembling that of police officers among others.

Organisers will be required to adhere to set out guidelines that border on public safety, protect the rights and freedoms of non-participating protesters and also cater for costs of cleaning up after the demos among others.

The proposals are likely to ruffle feathers as the government has already been criticised for high-handedness during previous demonstrations by the opposition.

The Ministry of Interior and National Administration had also hinted at the possibility of proposing a Bill to regulate the demonstrations, but MP Ruku says his proposal is independent.