The National Police Service has called for strict measures to handle demonstrations, including the cancellation of all forms of noise during protests.
Appearing before the National Assembly Committee on Administration and Internal Security, the NPS and the National Police Service Commission (NPSC) urged legislators to include the proposal for noise cancellation as part of the Assembly and Demonstration Bill 2024, tabled by Mbeere North MP Geoffrey Ruku.
Led by James Nduma, the Director of Legal Services at the NPSC, police authorities urged the House committee to consider their requests, arguing that there should be a clear distinction between noise and demonstrations.
"There must be a way of separating noise from demonstrations so that we do not have a group that has hired a DJ to run around town, entertaining town, and then in the middle they will say what they want to say," Nduma urged.
''We want those two to be demonstrated so that you are only allowed to demonstrate and make your petition known without involving noise in your demonstration,'' he added.
However, the Independent Policing Oversight Authority(IPOA) cautioned members of Parliament against passing laws that are likely to limit the fundamental rights of citizens further.
Additionally, the Independent Policing Oversight Authority (IPOA) opposed the proposal and the bill, pointing out that it would grant more power to the police and further limit public freedom.
"This bill, in our view, gives wide discretion and powers and is overly broad. The manner of limiting rights is already provided for in the Constitution, and it requires that when you are limiting rights, it must be specific on the nature and extent of that limitation," Festus Kinoti, the Director of Legal Services at IPOA, pointed out.
IPOA called for the withdrawal of the bill to allow for the ongoing review of the Public Order Act—a law that regulates public gatherings, processions, and demonstrations to maintain peace and security. It outlines the responsibilities of organisers, law enforcement, and the general public in ensuring public order during events.
Furthermore, during the consultative meeting with the committee chaired by Gabriel Tongoyo (Narok West), key stakeholders, including government agencies and civil society organisations, voiced serious concerns over the proposed Assembly and Demonstration Bill 2024.
In its submissions, the constitutional and human rights lobby, Katiba Institute, criticised the bill as unconstitutional, flawed, and rooted in colonial-era restrictions.
The institute further argued that the bill represents yet another attempt by the state to hinder the country's democratisation process.
