A fresh proposal before Parliament could change how Kenyans organise and participate in public demonstrations by making it clear that informing police of a planned protest is not the same as seeking their approval.
The Bill also sets out new responsibilities for law enforcement while strengthening protection for people taking part in or monitoring peaceful protests.
The Facilitation of Assembly, Picketing and Demonstration Bill, 2026 seeks to replace the current approach that has often seen demonstrations stopped because of disagreements over police notification.
Instead, it introduces a framework that promotes coordination between protest organisers and security agencies while protecting the constitutional right to peaceful assembly.
“The objects of this Act are to protect the right of any person, peaceably and unarmed, to assemble, demonstrate, picket and present petitions to public authorities,” the bill states.
The proposed law has been prepared by the Kenya National Commission on Human Rights (KNCHR) together with the Office of the Attorney General, the Independent Policing Oversight Authority (IPOA) and the Law Society of Kenya (LSK).
Before it is considered by Parliament, the Bill will be subjected to public participation.
A central provision of the proposed law states that notifying police of a planned demonstration should never be interpreted as asking for permission to hold it.
“The notification... shall not be deemed and shall not operate as a request for permission or authorisation to hold the assembly, picket or demonstration,” the Bill states.
The proposal also gives organisers different ways of submitting notices. Notifications may be delivered physically or through electronic channels, including email, WhatsApp and other digital platforms.
“Where it is not possible to deliver the notification in person or to the electronic address of the regulating officer, be affixed to the official premises of the regulating officer or a public place near or around the official premises of the regulating officer,” the Bill states.
The Bill further provides safeguards for journalists reporting from demonstrations, health workers responding to injured people and independent observers monitoring events on the ground.
It also seeks to stop police officers from operating in plain clothes during protests unless they are carrying out intelligence duties.
People who infiltrate demonstrations to cause violence or destruction would also face tougher punishment under the proposed law, including a fine of up to Sh5 million, a prison term of up to 10 years, or both.
The Bill seeks to give full effect to Article 37 of the Constitution, which guarantees every person's right to assemble, demonstrate, picket and present petitions peacefully and unarmed.
It also proposes to replace sections of the Public Order Act that have for years been at the centre of disputes over the management of public demonstrations.
The proposal comes months after two separate Bills backed by allies of President William Ruto, which sought to regulate demonstrations, were withdrawn following public opposition.
If passed into law, the Bill would introduce a new approach to managing demonstrations by placing greater focus on notification, cooperation and protection of constitutional rights.