The Kenya National Commission on Human Rights (KNCHR) has unveiled a proposed law that could reshape how public demonstrations are organised and managed in Kenya, with new rules seeking to protect protesters while clearly defining the responsibilities of police during public assemblies. The commission has opened the draft legislation for public participation before it is presented to Parliament.
The proposed Facilitation of Assembly and Demonstrations Bill follows a High Court order directing the government to establish clear legal and operational guidelines on public assemblies, demonstrations, picketing and police use of force.
KNCHR said the draft law was jointly developed with the Office of the Attorney General (OAG), the Independent Policing Oversight Authority (IPOA), the Law Society of Kenya (LSK) and other stakeholders after a landmark High Court judgment delivered in Kisumu on March 19, 2026.
In Constitutional Petition E015 of 2024, the court ordered the government to develop and publish regulations governing public assemblies, demonstrations, picketing and the use of force by police within 90 days.
In a statement issued on Tuesday, the commission said it had informed the court that the directive had been met through the preparation of the legislative proposal, which has now entered the public participation stage.
"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," the commission said.
According to KNCHR, the proposed law is intended to create a rights-based framework for implementing Article 37 of the Constitution, which guarantees every person the right to assemble, demonstrate, picket and present petitions peacefully and without weapons.
"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.
The draft Bill requires organisers of demonstrations to notify the regulating officer in writing, either physically or through electronic means. Where this is not possible, the notice may be displayed at the regulating officer's office or in a nearby public place.
The proposed legislation also recognises spontaneous demonstrations and requires regulating officers to continue protecting participants, journalists, healthcare workers, observers and monitors while ensuring both public and private property are safeguarded.
Under the proposal, authorities would only be allowed to stop a demonstration where there is a "credible, specific, and imminent risk of death, serious violence, serious injury, or extensive destruction of property."
The Bill also places limits on the use of plain-clothed police officers during demonstrations. It states that such officers should only be deployed to collect criminal intelligence and monitor suspected offenders who infiltrate protests.
The proposed reforms come amid growing calls for clear laws governing demonstrations following repeated clashes between police and protesters, with both sides accusing each other of breaking the law.
KNCHR has invited members of the public and other stakeholders to submit their views on the draft Bill through SMS, email, WhatsApp and a toll-free telephone line.
If approved by Parliament and enacted into law, the legislation would become Kenya's first comprehensive legal framework dedicated to regulating and facilitating public assemblies under Article 37 of the Constitution.