Under Kenya's Public Order Act Chapter 56, public demonstrations require advance police notification (3-14 days before) with organizer details, time (6:00 AM to 6:00 PM), and location, while certain meetings like those of public bodies, registered organizations, trade unions, political parties, and cultural/charitable events are exempt from police permission; organizers must remain present to assist police in maintaining order, and gatherings violating these provisions are deemed unlawful assemblies.
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Why Kenyans Have Every Right To Lockdown The Country Over Fuel PricesAdded:
Welcome to court helicopter trending version.
The GenZ's has called for riots.
The reason why this pandemonium has been called is because of the fuel prices that have shot up.
So, the shortage where Kenyans have been running with the vibuyus going to petrol stations and missing fuel was an artificial issue.
What is all this?
Kenyans and the majority the position are calling for a serious lockdown demonstration.
The politicians have said they are exercising Article 37 of the Constitution of Kenya.
The police, on the other hand, are saying that is an illegal meeting.
Those demonstrations do not comply with the law.
Let us have these two episodes look at one way.
What does the Public Order Act Chapter 56 provide?
Where do you need permission of the police to hold a rally?
The law provides the following.
Six meetings the police will never bother with you. One, these excluded meetings, A, any meeting convened and held exclusively for the lawful purposes of any public body. If any public body is holding any lawful meeting, that one, they don't need to inform the OCS.
Two, any meeting of the members of any registered organization, whether corporate or uncorporate, convened in accordance with the constitution of that organization and held exclusively for the lawful purpose of that organization.
For example, the chama meetings, the funeral meetings, office meetings, any company meetings, so long as it is for the purpose of that constitution of that organization. You don't need to get the licenses or the police to allow you. Three.
Any meeting of the members of any trade union convened and held exclusively for the lawful purpose of that trade union.
So, any trade union can call a meeting, the police will not be involved in that meeting. D. Any meeting convened and held exclusively for social, cultural, charitable, educational, commercial, or industrial purposes. So, when you are meeting socially, or when you're meeting as Kikuyus dancing or kisses dancing their culture.
When you are, for example, having a charitable organization, a fundraising for a school, a fundraising for a church, educational, when you are holding a fundraising or a meeting in a school to deal with a school, a commercial meeting, or an industrial purpose, the police will not be involved.
E. Any meeting of the organs of a political party convened in accordance with the constitution of the party and held exclusively to discuss the affairs of the party. Any meeting ODM is holding, the youth meeting, any meeting UDA is holding, any meeting you believe will be holding, any meeting [clears throat] DCP party will be holding, nobody they don't need to inform anyone about that.
And lastly, impromptu faces a very critical issue. Impromptu meet the people to us by members of parliament and councilors.
Any meeting by an elected member of parliament that is impromptu, they don't need a a license. The question is, what is the procedure provided for when you want to hold a a rally like what DCP have called what base demonstration. Number one, the regulation number five, no person shall hold a public meeting or a public procession except in accordance with the provisions of this section.
Two, any person intending to convene a public meeting or a public procession shall notify the regulating officer or such intent at least three days but not more than 14 days before the proposed date of the public meeting or procession. So, the law says whoever wants to hold a public gathering, the gathering for the demonstration against fuel is a public gathering.
One, the conveners must have told the police at least three days before today.
Two, and not later than 14 days.
Three, that notice, the notice A shall have the full names and physical address of the organizer of the proposed meeting. The full names of that organizer. If it is a foreigner, the full names and address. If it is a reji, the full name and address. If it's Kalonzo, the full names and address of the convener. Two, the proposed date of the meeting or procession and the time.
And that time shall be between 6:00 in the morning and 6:00 in the afternoon.
So, these people and conveners must give the police a notice that they will be having this procession at a particular place.
They must con- also confirm the time.
The law does not allow any meeting, any public gathering at night.
It starts at 6:00 a.m. and the meeting must end at 6:00 p.m.
They must propose the site of the public meeting or proposed route in the case of a public procession. If it is a public procession, they must provide which roads in Nairobi, in Kisumu, in Mombasa they'll be going. If it is at a ground, they must propose and give that name.
After that, the police will look if that will be available.
One, is the site available that day? Are the roads available? Had other people booked, for example, stadiums? If they are there, the police will deny.
They'll not allow.
But, the law says they will write back explaining the reasons as to why that thing has been canceled.
Number seven, the organizer of every public meeting or procession shall present throughout the meeting or procession and shall assist the police in maintenance of peace and order. If it is anybody who is the convener, he must be present for the purpose of maintaining law and order.
It moves on to say, if there is any imminent danger, the police have a right to stop that procession or that meeting from going on.
And the police under section eight can disperse that meeting.
The meeting shall be dispersed by a police officer who is at least a rank of an inspector and above.
It moves on to say, in paragraph 10, any public any public meeting or public procession held contrary to the provisions of subsection one to five shall be deemed to be a unlawful assembly.
Then we have 12.
The organizer of any excluded meeting may request the regulate the police to be present at a meeting to ensure that peace and order is maintained. So, the conveners can request the police to provide law and order maintenance of law and order.
Section six provides for what is prohibited or of offensive weapons at a public meeting and procession.
So, the law prohibits anybody from having offensive weapons, which include, for example, the pangas, the simis, the rungus. You have seen the rungus, the weapons they are carrying. They are prohibited from having that in any place. That is the law, the public order act. So, we now move to the next limb.
But, all that we are looking at is the law about the demonstrations.
Achille, Dans Numari bringing to you the public order act.
Keep watching as we are watching the posters, the rage about petrol and the prices that have hiked.
Thank you.
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