Kenyan opposition supporters demonstrating in Nairobi, Kenya, on July 12, 2023. Image file | Getty Images.
In Summary:
- Protest organizers and participants may be held financially responsible for damage during demonstrations.
- The bill aims to regulate protest activities, ensuring they remain peaceful and lawful.
Protest organizers and individual demonstrators could be held financially accountable for any property damage caused during picketing if the newly proposed Assembly and Demonstration Bill 2024 is enacted.
The bill intends to regulate demonstrators’ conduct, ensuring they focus solely on expressing their grievances without damaging property. This comes in response to past demonstrations that escalated into looting and property destruction, causing significant losses for traders.
According to the bill, “Where during the carrying on of an assembly or demonstration, damage to property occurs as a result of the assembly or demonstration, every organisation and every person participating in such assembly or demonstration shall be jointly and severally liable for such damage.”
Additionally, the bill aims to prohibit demonstrators from displaying banners, placards, or making speeches that incite hatred based on cultural, racial, gender, linguistic, or religious differences.
Protesters will also be required to remain identifiable, with a ban on masks or disguises that hinder police identification. Furthermore, wearing uniforms resembling those of security forces, including the police and Kenya Defence Forces (KDF), will be prohibited.
The legislation also seeks to ban the possession of offensive weapons during protests.
Organizers will need to obtain written permits from the police to convene assemblies and demonstrations. They will also be required to have marshals and, in some cases, police presence to ensure peace and order during these events.
The bill empowers police officers above the rank of Inspector to stop or prevent demonstrations from occurring.
Moreover, participation in or organizing an unlawful assembly or demonstration will be considered an offense under Chapter IX of the Penal Code, punishable by up to one year in prison.