New bill proposes easier process for peaceful demonstrations

[00:00:00]The Kenya National Commission on Human Rights and the Office of the Attorney General have developed a bill that seeks to facilitate peaceful demonstrations.

[00:00:09]In the new proposed bill, notices to pick it or present public petitions can now be done through email, WhatsApp messages, or even by sticking the notices near police stations. Steven Lau breaks down the bill.

[00:00:27]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. In line with the order, the government has developed a bill that is now awaiting public input that will regulate picketing and demonstrations. The bill states in part that an organizer 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, a notification shall be in writing and may be delivered in person or be delivered to the electronic address of the regulating officer where it is not possible to deliver the notification in person or to the electronic address of the regulating officer. The notice can be affixed to the official premises of the regulating officer or a public place near or around the official premises of the regulating officer. Where protests are spontaneous and have happened without notice, regulating officers are required to protect the participants, protect journalists, healthare workers, observers and monitors as well as protect public and private premises.

[00:01:47]According to the new proposals, a regulating officer may prohibit the conduct or holding of an assembly, picket or demonstration where there is credible, specific and eminent risk of death, serious violence, serious injury or extensive destruction of property.

[00:02:05]where plain cloth police officers are deployed in relation to a demonstration.

[00:02:10]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.

[00:02:21]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 bill also provides for accreditation of journalists, medical and human rights defenders covering demonstration.

[00:02:45]The organizers of the bill will be required to give 14 days notice specifying the route and places of assembly during demonstrations. The legislative proposal will undergo comprehensive public participation before being submitted to parliament.

[00:03:00]Steven Citizen