Bill seeks to reign in stone throwers and looters during protests

Youths barricade Mamboleo-Chemelil road at Mamboleo centre in Kisumu County. Protesters who get violent will be punished if new bill sails through. [File, Standard]

During elections, businessmen and ordinary citizens usually complain of harassment from  protesters who destroy property, loot shops and injure pedestrians.

Demonstrations by university students have also become synonymous with damage and injury, with motorists being unwitting victims of unruly mobs meting out terror along the highways.  

Now, an MP seeks to put to an end to such chaos by proposing amendments that will see stone throwers, looters and sponsors of violent protests serve long jail terms. Their patrons will also be made to take personal responsibility for destruction of property and loss of lives. Such people could be locked up for up to six years and be made to compensate victims of their violent actions. 

The changes are contained in the Public Order (Amendment) Bill, 2019 sponsored by Ruiru MP Simon King’ara.

“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…Where a person is convicted of an offence under sub-section (11A), the court may order over and above the sentence imposed, that the person or the organiser compensates the affected persons on such terms as the court may deem proper to grant,” reads the proposals published on April 4, 2019.

Current provisions  

“The principal object for this Bill is to amend the Public Order Act to make provision for organisers of public meetings or public procession leading to loss of property, life or earnings to take responsibility for the loss and compensate the affected persons.”

The current provisions do not define penalties for trouble makers during protests, only stating that the police may take action in case of imminent danger to lives and property.

The law gives the regulating officer power to “give or issue such orders, including orders for the dispersal of the meeting, procession or gathering as are reasonable in the circumstances, having regard to the rights and freedoms of the persons in respect of whom such orders are issued and the rights and freedoms of others.”

It, however, places the burden of ensuring the protests are peaceful on the organisers by specifying that their authorised agent/s shall be present throughout the meeting or procession and shall assist police in maintaining peace and order.

It also proposes one year imprisonment for people participating in illegal assemblies.