The National Assembly has began debate on a motion to compel the government to set aside areas in Kenya’s three biggest cities for the public to demonstrate and picket as provided for in the Constitution.
Ruiru MP Simon King’ara told his colleagues that going by the economic disruption last year during the lengthened electioneering period, it had become evident that there need for designated areas for protests and related activities.
‘VIOLENT DEMOS’
He wants the restrictions to apply in Nairobi, Mombasa and Kisumu since “demonstrations in Kenya are characterised by violence, mugging, looting and all manner of crime”.
Speaking as he initiated debate on the motion he has sponsored, Mr King’ara cited the losses reported by the private sector last year when the electioneering period was lengthened by more than two months when the Supreme Court annulled the presidential election of August 8.
The Kenya Private Sector Alliance reported in October last year that Sh700 billion was lost by businesses during the electioneering period.
Mr King’ara also cited the existence of similar provisions in the United Kingdom, which has a picketing code of practice and laws delineating the criminal offences that could occur if a picketer breaks the law.
“I know people might find it not in order to restrict but it is through order that we exist. In this House, we have Standing Orders and I cannot come to this House without a tie. We have orders brought from elsewhere and they work,” said Mr King’ara.
“Are those people who cannot go about their work during demonstrations lacking rights?” he posed.
He argued that although the law requires for the organisers of a protest to inform the police, share the route and seek to maintain law and order during a demonstration, this does not happen most times and the protests degenerate.
MPs also sometimes find their way into Parliament blocked by protestors at the gates, which are a common rallying point as demonstrators seek audience with the elected representatives and hand in petitions.
The provision to restrict protests and demonstrations in Nairobi was among the contentious provisions in the Security Laws (Amendment) Act in 2014 but was dropped.