The Assembly and Demonstration Bill, 2024
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Advance Written Notice Required for Public Assemblies
Under Section 7, any person intending to hold an assembly or demonstration must notify the local regulating police officer in writing between 3 and 14 days before the event. The notice must specify the organizers' details, the names of appointed marshals, the proposed route or site, and the schedule, which must fall between 6:00 AM and 6:00 PM.
Organizers and Participants Liable for Property Damage
Section 12 introduces joint and several liability. If property damage occurs during an assembly, the organizing entity and every participating individual are held jointly and severally liable. Defendants can escape liability only if they prove they did not permit the act, the damage was not foreseeable, and they took all reasonable preventative steps.
Prohibition of Masks, Hate Speech, and Security Uniforms
Section 11 prohibits participants from wearing masks or disguises that obscure the face, wearing apparel resembling police or Kenya Defence Forces uniforms, carrying offensive weapons, or inciting hatred or violence through speech, banners, or singing.
Fines and Jail Terms for Non-Compliance
Section 14 prescribes a fine not exceeding KSh 100,000, imprisonment for a term not exceeding one year, or both, for convening an assembly without notice, failing to comply with police-imposed conditions, obstructing police officers, or possessing weapons.
Bill No.
National Assembly Bills No. 28 of 2024
Gazette No.
Supplement No. 94
Sponsor
Geoffrey Kiringa Ruku
Background
The Assembly and Demonstration Bill, 2024 seeks to provide a comprehensive legal framework to give effect to Article 37 of the Constitution of Kenya, which guarantees the right to peaceably assemble, demonstrate, picket, and present petitions to public authorities. It aims to balance the exercise of these rights with the maintenance of public safety, public order, and the protection of the rights and freedoms of others.
Key Amendments
- Repeal of Cap. 56 Sections: Section 16 of the Bill repeals sections 5 and 6 of the Public Order Act (Cap. 56), which previously regulated public meetings and processions, replacing them with the new regulatory framework established under this Bill.
- Appeals Regime: Section 9 permits organizers to apply to the High Court within three days of receiving a police-imposed condition or prohibition to set aside or vary the decision.
New Obligations
- Notice Specifications: Organizers must submit a notification containing full names and physical addresses of the organizers and marshals, the proposed date, time, and route.
- Marshal Responsibilities: Conveners must appoint marshals to control participants and ensure the assembly proceeds peacefully in accordance with any conditions imposed.
- Cleaning Costs: Under Section 8, the regulating police officer may impose conditions regarding payment of cleanup costs arising from the assembly.
Penalties
- Offences and Penalties (Section 14): Any person who convenes an assembly without adequate notice, knowingly contravenes police-imposed conditions, hinders or resists a police officer, or possesses a weapon during an assembly commits an offence. The penalty is a fine not exceeding KSh 100,000, imprisonment for up to one year, or both.
- Unlawful Assembly (Section 7(10)): Any person participating in, convening, or organizing an assembly without adhering to the notification requirements commits an offence under Chapter IX of the Penal Code and is liable to imprisonment for one year.
- Civil Damage Liability: Organizers and individual participants are subject to joint and several civil liability for any property damage caused during the gathering.
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