The Kenya National Commission on Human Rights (KNCHR) has unveiled a draft legislative proposal aimed at giving full effect to the constitutional right to peaceful assembly, marking a significant step towards establishing clear legal safeguards for demonstrations and police conduct.

🇰🇪 Breaking It Down

The proposed Facilitation of Assembly and Demonstrations legislation has been developed jointly by the KNCHR, the Office of the Attorney General, the Independent Policing Oversight Authority (IPOA), the Law Society of Kenya (LSK), and other stakeholders following a landmark High Court judgment delivered in Kisumu on March 19, 2026.

In Constitutional Petition E015 of 2024, the High Court directed the government to develop and publish clear legal and operational regulations governing public assemblies, demonstrations, picketing, and the use of force by law enforcement officers within 90 days.

KNCHR, in a statement on Tuesday, July 21, said it has informed the court that the order has been complied with through the development of the legislative proposal, which is now set to undergo nationwide public participation before being submitted to parliament.

📌 What You Need to Know

"In furtherance of the Court's judgment and in fulfilment of its Constitutional mandate, the Kenya National Commission on Human Rights (KNCHR), in collaboration with the Office of the Attorney General (OAG), the Independent Policing Oversight Authority (IPOA), the Law Society of Kenya (LSK), and other key stakeholders, have developed a legislative proposal on  Facilitation of Assembly and Demonstrations," KNCHR stated in a statement.

According to the commission, the proposed law seeks to establish a clear, rights-based framework for the exercise and facilitation of the rights guaranteed under Article 37 of the Constitution, including the rights to assemble, demonstrate, picket, and present petitions peacefully and unarmed.

"The proposal seeks to give full legislative effect to Article 37 of the Constitution by establishing a clear, rights-based framework for the exercise and facilitation of the rights to assemble, demonstrate, picket, and present petitions peacefully and unarmed," it added.

Under the proposed bill, a notification for demonstration shall be in writing and may be delivered in person or be delivered to the electronic address of the regulating officer.

Where it is not possible to deliver the notification in person or to the electronic address of the regulating officer, the notice can be affixed to the official premises of the regulating officer or a public place near or around the official premises of the regulating officer.

However, where protests have happened without notice, regulating officers are required to protect the participants, protect journalists, healthcare workers, observers, and monitors, as well as protect public and private premises.

📰 Source: Kenyans.co.ke