Legislators unite to shoot down Public Order bi*l
Members of the National Assembly yesterday shot down the Public Order (Amendment) Bill that sought to criminalise destruction of property during demonstrations.
The legislators claimed that the Bill, which also sought to make provision for organisers of public gatherings to take responsibility for any loss and compensate affected persons, abrogates the provisions of the Constitution on the right to picket.
“A person who while at a public meeting or public procession causes grievous harm, damage to property or loss of earnings, shall be liable upon conviction to imprisonment for a term not exceeding six years or to a fine not exceeding one hundred thousand shillings, or both,” the Bill read.
While opposing the Bill, the legislators said having such a law in place amounts to allowing police to abuse the rights of all Kenyans especially organisers of demonstrations as it would be difficult to separate goons from peaceful demonstrators.
The MPs who included Leader of Minority John Mbadi, Minority Whip Junet Mohammed, Otiende Amolo (Rarieda), Johanna Ng’eno(Emurua Dikirr), George Muragara (Tharaka) and Peter Kaluma (Homa Bay Town) opposed the Bill, saying some of the provisions in the proposed law such as causation of an offence are already contained in the Penal Code and alternative legal provisions.
Mbadi warned the legislators against passing the Bill, saying while they enjoy protection from the current government there is need to remember that this would not be the same when another government comes to power.
“This Bill is an abuse to our human rights which we have fought so hard for.
We need to be careful when passing such legislation because of tomorrow. I urge all of you members to reject this Bill and take it back to the sender,” he said.
Junet said: “Owing to the tribulations that former Nairobi Governor Mike Sonko is facing, all of us should oppose this Bill because people must be allowed to picket.”
Otiende opposed the proposal, saying it is not only unconstitutional as it negates various provisions of the Constitution but it is also a “money Bill”, which ought to have been scrutinised by the National Treasury and the Budget and Appropriations committee.
“Any amendment that seeks to limit the right to demonstrate is unconstitutional and very worrying,” he said.
Kaluma, on his part, told MPs that as they draft pieces of legislation they should always do it for posterity.
“When you draft a law, imagine you are the one who is going to be affected. I urge members to reject this Bill in totality,” he said.
