President William Ruto has refused to approve a proposed amendment bill that aimed to scrap the offence of being idle and disorderly from the Penal Code, sending it back to the National Assembly for reconsideration.
The President expressed his concerns about the proposal to remove Section 182 of the Penal Code entirely. This section defines idle and disorderly behaviour, including acts like soliciting for immoral purposes, behaving indecently in public, and causing disturbances likely to breach the peace.
The Penal Code (Amendment) Bill 2023, championed by Nakuru Town East MP David Gikaria, was successfully passed by Parliament but rejected by President Ruto.
In his memorandum to Parliament read by Speaker Moses Wetangula, President Ruto highlighted his reservations about the bill. He argued that removing Section 182 without offering alternative offences or sanctions could lead to the acceptance of indecent or disruptive behaviour in public.
He stated that repealing this section might encourage such behaviours and undermine the credibility of criminal law, potentially promoting public disorder and disobedience.
Ruto stated, “Further, a blanket decriminalization of conduct that a majority considers delinquent undermines the reputation of the law as a reliable moral authority that should be obeyed.”
President Ruto specifically recommended the deletion of Clause 2 of the Bill, which is the central aspect of the proposed changes.
In response to the President's rejection, Speaker Moses Wetangula directed the National Assembly's Departmental Committee on Justice and Legal Affairs to review the President's recommendations and present their resolutions within 21 days.
If the committee accepts the President's suggestions, the new Bill will only require a simple majority to pass.
However, if the committee disregards the President's concerns, a two-thirds majority will be necessary for the Bill's passage.
MP Gikaria, the proponent of the Bill, had argued that its approval would protect citizens from police harassment and ensure a more efficient criminal justice system.
He criticised the current legal framework, which he claimed has been abused by law enforcers to target innocent individuals.
Gikaria emphasised the importance of upholding citizens' rights, regardless of their social or economic status, as enshrined in the constitution.
"The people have their rights spelled out in the constitution. We cannot therefore sit back and see such gains abused at the behest of a few individuals," Gikaria had earlier stated.
