Faced with challenge of unrelenting commitment by the opposition to sustain mass anti-government protests and raging disfranchisement among citizens over the skyrocketing cost of living, Interior Cabinet Secretary Kithure Kindiki is changing tact to have law regulating demonstrations amended.
Today, the CS has disclosed the government’s plans to have Article 37 of the Constitution that outlines the manner in which demonstrations are carried out in the country amended.
Through a statement, Kindiki has said that the government intends to introduce changes to the Public Order Act touching on 10 regulations of picketing and public assembly.
“The government shall introduce in Parliament subsidiary legislation in the form of Regulations pursuant to the Public Order Act and the Statutory Instruments Act to provide for the legal circumscription of assemblies, demonstrations, pickets and petitions,” he said.
Beginning this week, the Azimio One Kenya Coalition said they will be holding anti-government protests twice a week; Monday and Thursday until president William Ruto address challenges on cost of living, economy, employment and leadership among others.
According to the CS, the proposed changes include; notification procedures, duties of security agencies to protect the rights of those participating in the assembly, demonstration, picket, or petition; demarcation of assembly, demonstration, picket and petition zones; duty of public agencies and institutions to set aside a zone for persons who wish to present petitions to public authorities.
Others include duty of organisers of assemblies, demonstrations, pickets and petitions to provide the hours, routes and other relevant information to assist law enforcement agencies to escort them and provide them with security; Consent requirements from persons whose activities are likely to be affected by assemblers, demonstrators, picketers and petitioners.
Additionally, obligations of the organisers of assemblies, demonstrations, pickets and petitions to ensure that the activities remain peaceful, unarmed and generally within the law including compliance with the duty not to infringe on the rights of others; limitations on the number of assemblers, demonstrators, picketers and petitioners at any particular occasion; responsibility for clean-up costs; and responsibility for, and payment of, damages to those harmed by activities of assemblers, demonstrators, picketers or petitioners.
“Presently, it is not feasible for security organs to allow masses of people to roam streets and neighborhoods of their choice carrying stones and other offensive weapons while chanting political slogans and disrupting the daily activities of others.
Kindiki also noted that law enforcement agencies shall not tolerate the reported plans to repeat the violent, chaotic and economically disruptive protests that took place in Nairobi and Kisumu on 20th March 2023 whatsoever.