The Kenya Kwanza administration is once again pushing forward a controversial proposal that aims to tighten state control over public protests, barely weeks after nationwide Gen Z-led demonstrations rattled the political establishment.
Reintroduced in Parliament under the title The Assembly and Demonstration Bill, 2024, the proposed law seeks to radically reshape how Kenyans exercise their constitutional right to protest—by setting new restrictions, criminalizing spontaneous demos, and granting sweeping powers to the police and Cabinet.
President William Ruto has already signaled his support for the law, saying it aims to strike a balance between the right to protest and the need for public order.
“We must protect the rights of those who want to protest, picket, and demonstrate—but equally, we must protect the rights of those who do not want to participate in protests,” President Ruto said.
He added that his administration would “have a dialogue with the judiciary and other stakeholders to come up with a law that regulates how we carry out protests in Kenya.”
Key Provisions That Could Change Protest Culture Forever
Under Clause 6 of the bill, organizers of protests will be required to notify authorities between 3 to 14 days in advance, and provide the following:
Full names and addresses of organizers
Date, time, location, and route of the protest
Estimated number of participants
Slogans to be chanted and placards to be displayed
Clause 18 makes failure to disclose plans to picket or demonstrate a criminal offense, with violators facing up to Ksh 100,000 in fines, 12 months in jail, or both. This clause effectively outlaws spontaneous demonstrations—long a key tactic for civic and political expression.
Police Granted Unprecedented Control
Clause 7 gives the Regulating Officer (usually the police) unchecked powers to:
Limit attendance
Alter protest routes
Ban certain placards or slogans
Shut down protests altogether
The clause states these powers can be exercised “to maintain public order or protect the rights of others.” Critics warn this vague standard opens the door for arbitrary suppression of dissent.
Organizers to Shoulder Legal Blame
Clause 10 escalates personal risk for activists, making organizers personally liable for “any loss or damage” resulting from a protest—even if caused by rogue elements or infiltrators.
“This is dangerous,” warned a civil society lawyer who asked to remain anonymous. “It punishes good-faith organizers for actions they cannot control. It’s designed to instill fear.”
Clause 21: Cabinet Secretary Given Powers to Make New Rules
Perhaps most controversially, Clause 21 allows the Interior Cabinet Secretary to make additional protest regulations without consulting Parliament. Critics argue this provision erodes legislative oversight and concentrates power in the hands of the Executive.
The bill, authored by Public Service Cabinet Secretary Geoffrey Thuku, has been described by the government as a measure to “promote public order.” However, human rights defenders say it’s about control and silencing dissent.
Critics Raise Red Flag
Opposition leaders and rights groups have blasted the bill as regressive, especially in the wake of recent Gen Z protests that were largely peaceful but uncoordinated and spontaneous.
“This bill criminalizes the very spirit of civic resistance,” said one protest organizer. “They fear our voice, so they’re trying to silence it with legislation.”
As the bill makes its way through Parliament, all eyes are on the National Assembly—where the next battle over the soul of Kenya’s democracy is set to unfold.
