Nairobi — The government says it will propose new regulations that will govern mass action in the country in the wake of recent protests that turned violent in Nairobi and Kisumu cities.
Interior Cabinet Secretary Kithure Kindiki said the proposed changes aim to provide clarity on the role of various parties involved during protests, including organizers, security agents, and public institutions.
"Shortly, 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," Kindiki said even as Opposition leader Raila Odinga prepared for more street protests on Monday and Thursday against the high cost of living and a victory he claims was stolen from him in the August 2022 elections in which William Ruto was declared the winner.
During similar protests last Monday, several businesses and properties were destroyed or looted in both cities that literally shut for the better part of the day and one person was killed-a student at Maseno University was shot by police.
The opposition Chief has maintained that he will not relent in his quest to fight for justice and the rights of Kenyans and will lead protests on Monday despite a ban by Inspector General of Police Japeth Koome.
"Those demonstrations are illegal and we will not allow them to take place," the IG said, "We are ready as security agencies. Every corner of this country is safe and secure."
But Odinga has said it is the "business of police officers to protect peaceful demonstrators."
"I am calling on Kenyans to turn out in large numbers for the peaceful demonstrations. Do not fear the police or the teargas," Odinga said and blamed the police for disrupting last Monday's "peaceful" demonstrations.
On Sunday, Kindiki said that the government was considering introducing up to 10 changes to the Public Order Act and the Statutory Instruments Act to govern picketing, assembly, demonstrations and petitions.
According to the Interior CS, the changes will play a critical role in ensuring that protests are carried out in a peaceful and safe manner.
Some of the proposed changes range from the notification procedures, duties of security agencies to protect the rights of those participating in the assembly, demonstration, picket or petition and the demarcation of assembly, demonstration, picket and petition zones.
Kindiki is also proposing a review of the duty of public agencies and institutions to set aside a zone for persons who wish to present petitions to public authorities and on the duty of protest organizers and petitions to provide the hours, routes and other relevant information to assist law enforcement agencies to escort them and provide them with security.
The changes will also involve consent requirements from persons whose activities are likely to be affected by assemblers, demonstrators, picketers and petitioners, obligations of the organizers of demos 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.
Other proposed changes include; limitations on the number of demonstrators and petitioners at any particular occasion, the responsibility for clean-up costs and the responsibility for, and payment of, damages to those harmed by activities of assemblers, demonstrators, picketers or petitioners.
Kindiki argues that currently non-demonstrators and third parties enjoy equal rights and freedoms during assemblies since their fundamental rights and freedoms are not suspended during such activities.
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He adds that there is need to revisit the existing laws.
"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," he said.
President Ruto has warned against the protests and instead told Odinga he will not engage him in talks, accusing him of destabilizing the country for his own selfish interests like he did in two former regimes that ended up accommodating him.
"Kenyans made their decision during the August 2022 polls, we are done with the polls and all that remains is prepare for development," he said, "we are not going to engage Raila because he knows he lost and we won."
