The proposed Assembly and Demonstration Bill, 2024, sponsored by Mbeere North MP Geoffrey Kiringa Ruku, aims to hold conveners of demonstrations and assemblies legally accountable for damage to property that occurs during such events.
If passed into law, the bill would impose joint and several liability on organizations or individuals who convene or participate in assemblies or demonstrations where property damage occurs.
Under the bill, a person who violates its provisions commits an offense and may face a fine not exceeding Sh100,000 or imprisonment for up to one year, or both.
It prohibits incitement of hatred based on cultural, racial, sexual, linguistic, or religious differences during demonstrations, as well as any actions or speech likely to incite violence against individuals or groups.
Participants are required to have their faces fully identifiable without wearing any disguises or masks.
While conveners may appoint marshals to ensure peaceful assembly, they are held responsible for informing marshals and participants of the assembly’s conditions.
However, it would be a defense against liability if conveners prove they did not permit or connive at the acts causing damage, or if they took reasonable steps to prevent the damage.
The bill also seeks to regulate assemblies and demonstrations in accordance with Article 37 of the Constitution, which guarantees the right to assemble, demonstrate, picket, and petition.
It requires advance notice to regulating officers for any planned assembly and grants the officers power to impose conditions on such events in the interest of public safety and order.
Critics argue that the bill could stifle the organizing of protests and limit freedom of speech and assembly. They believe that designating specific areas for protests and holding conveners liable for damage, even in cases where criminal acts were not intended, could pose legal challenges and infringe on constitutional rights. Additionally, concerns have been raised about potential censorship and unjustified limitations on the rights to freedom of speech and assembly.
