The Bill is sponsored by Mbeere North Mp Geoffrey Kiringa Ruku.

The Memoranda/your submissions may be forwarded to the Clerk of the National Assembly, P.O. Box 41842- 00100, Nairobi; hand-delivered to the Office of the Clerk, Main Parliament Buildings, Nairobi; or emailed to cna@parliament.go.ke to be received on or before Monday, 09 September 2024 at 5.00 p.m. CC bungesays@gmail.com so we keep track of all submissions we are making.

Click on this link to access entire bill.

Below is a summary of each section, and the implications it would have on maandamano for Kenyans.

Here are the terms defined in the interpretation section of the Assembly and Demonstration Bill, 2024:

1. Appropriate Police Office: A police station in the area where the assembly is planned.

2. Assembly: A gathering of people in a public place for an expressive purpose, including planned, unplanned, static, and moving assemblies.

3. Assembly Notice: A notice informing authorities about a planned public assembly, demonstration, picketing, or petition.

4. Cabinet Secretary: The government official in charge of internal administration.

5. Convener: The person or organisation calling for a public gathering.

6. Demonstration: A public display or parade meant to influence public opinion.

7. Marshal: A person appointed by the convener to help control the participants and ensure the assembly is peaceful.

8. Organisation: Any association, group, or body of persons, whether registered or not.

9. Organiser: The person responsible for organising and conducting a public assembly or demonstration.

10. Peaceful: Includes conduct that may annoy others but does not involve violence.

11. Public Gathering: An assembly of more than 100 people in a public place, often discussing or demonstrating about government or political issues.

12. Police: Refers to the Kenya Police Service.

13. Not Damage: Refers to any loss or harm caused during a gathering.

14. Place of Assembly: The specific location where the assembly is held or passes through.

15. Public Assembly: An assembly held in a public place, whether stationary or moving.

16. Public Place: Includes roads, areas open to the public, or places used by the public with or without payment.

17. Regulating Officer: The police officer in charge of the area where the assembly is planned.

Here’s an expanded interpretation of the Application section of the Assembly and Demonstration Bill, 2024: This detailed explanation clarifies the procedural requirements and responsibilities for organising a public assembly or demonstration, as well as the potential legal consequences of not adhering to these regulations.

Application to Hold Assembly or Demonstration (Clause 7)

1. Notification Requirement: If you plan to hold a public gathering or demonstration, you must notify the police at least three days in advance, but not more than fourteen days before the event. This notice needs to include specific details such as the names and addresses of the organisers, the proposed date and time (which must be between 6 AM and 6 PM), and the location or route of the event.

2. Form of Notice: The notice must be in a specific format as prescribed by regulations. It must detail the organiser’s information, the names and addresses of marshals (if any), and the specific time and place for the assembly or demonstration.

3. Conflicting Events: If the police receive another notice for a different event at the same time and place, they will notify you in writing that your event cannot take place as planned. This notice must be delivered to the address you provided.

4. Re-scheduling: If you receive such a notice, you can reschedule your event for a different date, time, or location, and must notify the police again following the same procedure.

5. Organiser’s Responsibility: The organiser or their authorised agent must be present during the entire event to help maintain peace and order, working in cooperation with the police.

6. Police Authority to Stop Events: Police officers, especially those of higher rank, have the authority to stop or prevent any assembly or demonstration if it is being held without proper notice, or if it poses a risk to public peace or order. They can issue orders for the dispersal of the gathering if necessary.

7. Obligation to Follow Police Orders: Participants and organisers are legally required to follow any orders given by the police regarding the conduct of the assembly or demonstration. Failure to comply is considered an offence.

8. Penalties for Unlawful Assemblies: Holding or participating in an unlawful assembly, which means without following the proper notification process or in violation of police orders, is a criminal offence under the Penal Code, and can result in imprisonment for up to one year.

9. Requesting Police Presence: The organiser can request that the police be present at the event to help maintain order. This request must also be submitted in writing at least three days before the event.

10. Public Register of Notices: The police are required to keep a public register of all notices received. Anyone can inspect this register during working hours.

Conditions for Assembly or Demonstration (Clause 8)

1. Setting Conditions: The police can set specific conditions for holding an assembly or demonstration. These conditions might relate to public safety, maintaining order, or protecting the rights of others.

2. Environmental and Cultural Sensitivity: The conditions might also consider environmental or cultural factors, ensuring that the event does not damage sensitive areas.

3. Cleaning Costs: The organiser might be required to cover the costs of cleaning up after the event.

Application to Set Aside or Vary Conditions (Clause 9)

1. Challenging Conditions or Prohibitions: If the police impose conditions you disagree with or prohibit your event, you can apply to the High Court to have these conditions or prohibitions reviewed.

2. Timely Applications: You must file this application within three days of receiving the police’s notice.

3. Validity of Conditions: The conditions remain in effect until the court decides otherwise.

4. Enforcement of Prohibitions: If the court upholds a prohibition, the police have the authority to bar the area where the assembly was planned, ensuring it cannot take place.

Here’s an expanded interpretation of Part III: Conduct of Assembly or Demonstration from the Assembly and Demonstration Bill, 2024:

Conduct of Assembly or Demonstration (Clause 10)

1. Appointment of Marshals: The organiser of an assembly or demonstration is required to appoint marshals. These marshals are responsible for helping to control the participants and ensuring that the event remains peaceful throughout its duration.

2. Responsibility of the Convener: The convener (organiser) must ensure that both the marshals and the participants are aware of any conditions that have been set by the police for the assembly or demonstration. The event must take place as planned, following the conditions and within the specified time and location.

Prohibitions During an Assembly or Demonstration (Clause 11)

1. No Incitement: Participants are prohibited from inciting hatred against others based on cultural, racial, gender, linguistic, or religious differences. This includes any form of expression, such as banners, placards, speeches, or songs that could promote such incitement.

2. No Violence Encouragement: Participants are also prohibited from performing any actions or saying anything that could cause or encourage violence against any person or group.

3. No Disguises: Wearing disguises, masks, or any other items that obscure one’s identity is not allowed during an assembly or demonstration.

4. No Imitation of Security Forces: Participants cannot wear any apparel that resembles the uniforms of security forces, including the police and the Kenya Defence Forces.

5. No Weapons: Possessing any offensive weapons during an assembly or demonstration, unless authorised by law, is strictly prohibited.

Liability for Damage (Clause 12)

1. Shared Responsibility: If any property is damaged during an assembly or demonstration, the organisers and participants can be held jointly and severally responsible for that damage. This means that the affected party can claim the full amount of damage from any one of the responsible parties.

2. Defence Against Liability: Organisers or participants can defend themselves against such claims by proving that they did not permit or condone the actions that caused the damage, that the actions were outside the scope of the event’s objectives, or that they took all reasonable steps to prevent the damage.

Powers of the Police During Assembly or Demonstration (Clause 13)

1. Guiding the Assembly: The police have the authority to ensure that the assembly or demonstration stays within the designated area or follows the planned route. They can restrict the gathering to prevent disruptions to traffic, maintain a safe distance between rival groups, and ensure access to workplaces and properties.

2. Intervention in Disturbances: If any person interferes with the assembly or demonstration, the police can order them to stop and maintain a distance from the event.

3. Protection of Persons and Property: The police are empowered to take necessary steps to protect both the participants and the general public, as well as any property that might be at risk during the assembly or demonstration.

Offences and Penalties (Clause 14)

1. Convener Responsibilities: It is an offence to organise a public assembly without giving proper notice to the police, or to knowingly ignore or violate the conditions set by the police.

2. Obstruction and Resistance: Hindering, interfering with, or resisting a police officer, convener, marshal, or any other person performing their duties under this law is also an offence.

3. Weapons: Possessing any unlawful weapons during an assembly or demonstration is prohibited.

4. Penalties: Violating these provisions can lead to fines up to 100,000 Kenyan shillings, imprisonment for up to one year, or both.

Here’s an expanded interpretation of Part IV: Provisions on Delegated Powers from the Assembly and Demonstration Bill, 2024:

Regulations (Clause 15)

1. Cabinet Secretary’s Authority: The Cabinet Secretary responsible for internal administration is given the power to make additional rules and regulations that help enforce the provisions of this Act. These regulations can cover any aspect of the Act that requires further detail or clarification.

2. Purpose of Delegation: The delegation of this power to the Cabinet Secretary is intended to ensure that the Act is implemented effectively. The regulations made under this section must align with the objectives of the Act and help achieve its goals, such as maintaining public order while respecting the right to assembly.

3. Limits on Authority: The Cabinet Secretary’s power to make regulations is limited by the need to bring into effect the provisions of the Act and fulfil its objectives. The regulations must also adhere to principles and standards set out in other laws, such as the Interpretation and General Provisions Act and the Statutory Instruments Act, 2013. This means that any regulations made must be clear, reasonable, and consistent with existing legal frameworks.

Here’s an expanded interpretation of Part V: Repeal from the Assembly and Demonstration Bill, 2024:

Repeal of Previous Law (Clause 16)

1. Repealing Sections of the Public Order Act: This clause specifically repeals Sections 5 and 6 of the Public Order Act, Cap 56. These sections previously governed the conduct of public assemblies and demonstrations.

2. Effect of the Repeal: By repealing these sections, the new Assembly and Demonstration Act replaces the old rules with a new legal framework. This means that any regulations or procedures outlined in the repealed sections are no longer valid, and the provisions of the new Act will take precedence in regulating public gatherings.