On 18th February 2025, Commissioner Dr. Wamalwa Dennis (KNCHR) attended a critical parliamentary meeting at the National Assembly, where the Commission submitted its advisory on the Assembly and Demonstration Bill, 2024. The meeting, convened to deliberate on the Bill sponsored by Hon. Geoffrey Kiringa Ruku (National Assembly Bills No. 28), provided a platform for stakeholders to voice their perspectives and recommendations.
The KNCHR, through Commissioner Dr. Wamalwa Dennis, presented a detailed advisory addressing both general and specific concerns regarding the Bill. The advisory emphasized that while the right to assembly, demonstration, picketing, and petitioning is enshrined under Article 37 of the Constitution of Kenya, any limitations imposed must strictly adhere to Article 24 of the Constitution and meet regional and international human rights standards.
Commissioner Dr. Wamalwa highlighted that the Commission supports lawful and peaceful assemblies as a fundamental democratic right, recognizing their critical role in allowing citizens to express their views and hold the government accountable. However, the KNCHR raised concerns over several provisions of the proposed Bill that may unduly restrict these rights. Key issues flagged include:
- Notification Procedures: The Bill’s requirement for prior notification could be interpreted as a request for permission, contrary to international best practices that favor the facilitation of assemblies over restrictive authorization.
- Liability for Damage: The advisory strongly objected to provisions holding organizers and participants collectively liable for property damage during assemblies, noting that this contravenes the principles of individual responsibility and presumption of innocence.
- Obligation to Assist Police: The KNCHR opposed the clause obligating organizers to assist police in maintaining peace and order, affirming that the State bears the primary responsibility for ensuring security during public gatherings.
- Restriction on Assembly Locations: The Commission expressed concern that allowing police to redirect assemblies to avoid interference with vehicular or pedestrian traffic could significantly limit the effectiveness of protests, undermining the right to be heard by the intended audience.
The advisory also underscored the importance of protecting spontaneous assemblies, as recognized in regional and international human rights instruments, and called for clear procedural safeguards to guide law enforcement in upholding these rights.
Commissioner Dr. Wamalwa Dennis reiterated the KNCHR’s commitment to working collaboratively with lawmakers to ensure that the Assembly and Demonstration Bill, 2024, aligns with Kenya’s constitutional principles and international human rights obligations.
The meeting concluded with a resolution to review the Commission’s recommendations thoroughly, with an emphasis on preserving the delicate balance between maintaining public order and safeguarding the democratic right to peaceful assembly.