The government is pushing ahead with a controversial plan that could radically change how citizens protest. A new bill seeks to limit spontaneous demonstrations and expand police powers raising concerns about the country’s democratic space.
The Assembly and Demonstration Bill, 2024, reintroduced in Parliament after months of heated debate, is being touted by the Kenya Kwanza administration as a way to restore public order after weeks of youth-led protests.
“We must protect the rights of those who want to demonstrate,” said Geoffrey Ruku, Cabinet Secretary for Public Service and sponsor of the bill. “But equally, we must protect the rights of those who don’t want to participate.”
At the centre of the proposed law is a requirement for protest organisers to notify police at least three days in advance up to a maximum of 14 days. But it’s not just about giving notice. Organisers would also need to provide detailed information: names and addresses, protest dates and routes, the number of expected participants, slogans to be chanted and even the wording on placards.
Failure to comply could lead to a fine of up to KSh100,000, a prison term of up to one year or both.
The bill also rebrands police officers as “regulating officers” and hands them broad powers to control protests. Under Clause 7, they may “impose such conditions and restrictions” as they see fit for maintaining public order. That includes changing routes, capping attendance, banning banners, or cancelling the protest altogether.
What’s striking, critics say, is that officers can act based on perception, not evidence of a threat.
A Chilling Effect on Free Speech?
Clause 10 goes a step further holding protest organisers personally responsible for any damage caused during demonstrations, regardless of who caused it. That means if a rogue individual or outsider sparks violence, organisers can still be charged.
Legal experts say the bill could severely curtail civil liberties. “The proposed law donates a lot of power to the police, who shall have bigger say in the exercise of our right,” said lawyer Suleiman Bashir. “If this draconian law is passed, the courts will have no choice but to strike it down.”
He called it a waste of legislative time.
Clause 21 of the bill adds another layer of concern by allowing the Interior Cabinet Secretary to make new protest regulations without Parliament’s approval effectively centralising power and reducing checks and balances.
A Divided Nation
First tabled in April 2024, the bill was met with strong resistance. Civil society groups, human rights defenders, and even independent police watchdogs slammed it as unconstitutional and unnecessary during public participation hearings.
Their message to lawmakers was clear: scrap it.
The bill is now under review by the National Assembly Committee on Administration and Internal Security. The committee may reject, amend, or pass it on for full parliamentary debate.
For now, the streets remain quiet, but many fear the calm may not last. The protests that rocked the country earlier this year led by Generation Z were often organised online, spreading fast and gathering crowds within hours.
If the bill becomes law, that kind of mobilisation could soon be illegal.
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