SUBMISSIONS ON THE PUBLIC ORDER (AMENDMENT) BILL, 2019

Natural Justice submitted comments to the Clerk of the National Assembly of Kenya on May 8, 2019, opposing proposed amendments to section 5 of the Public Order Act. The organization argues that making organizers liable for damages caused during public meetings is unconstitutional and threatens the right to peaceful assembly.

• The Public Order (Amendment) Bill, 2019 proposes to amend section 5 of the Public Order Act to hold organizers of public meetings and processions responsible for compensating affected persons in cases of loss of life, property, or earnings. Specifically, sub-clause (11A) suggests that individuals causing grievous harm, property damage, or loss of earnings be liable for a fine up to one hundred thousand shillings, imprisonment for up to six years, or both. Clause 11B allows the court to order the person or the organizer to compensate affected persons.
• Natural Justice contends that the proposed amendment is unconstitutional because it imposes strict liability on organizers even when the individuals causing damage are not lawful participants. The organization states this threatens the right to peaceful assembly, demonstration, picketing, and petition under Article 37 of the Constitution of Kenya, as well as freedom of expression. They argue the limitation is not reasonable or justifiable under Article 24 of the Constitution.
• The organization argues that allowing the court discretion to order organizers to compensate affected persons is contrary to the rule of law and creates a risk of abuse of discretion. They assert that in criminal law, compensation should only be required from the person found culpable, not the event organizers.
• Natural Justice recommends the total deletion of the amendment to protect constitutional rights. Alternatively, they propose revised wording for (11A) and (11B) that removes the organizer's liability, ensuring only the person convicted of the offence is required to compensate the affected person.

APA

Natural Justice (2019). SUBMISSIONS ON THE PUBLIC ORDER (AMENDMENT) BILL, 2019. https://naturaljustice.org/wp-content/uploads/2020/05/NJ_Comments-on-the-Public-Order-Amendment-Bill.pdf

Chicago

Natural Justice. SUBMISSIONS ON THE PUBLIC ORDER (AMENDMENT) BILL, 2019. 2019. https://naturaljustice.org/wp-content/uploads/2020/05/NJ_Comments-on-the-Public-Order-Amendment-Bill.pdf.

Wikipedia

{{cite press release |author=Natural Justice |title=SUBMISSIONS ON THE PUBLIC ORDER (AMENDMENT) BILL, 2019 |date=8 May 2019 |url=https://naturaljustice.org/wp-content/uploads/2020/05/NJ_Comments-on-the-Public-Order-Amendment-Bill.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{naturaljustice2019submissions, author = {{Natural Justice}}, title = {{SUBMISSIONS ON THE PUBLIC ORDER (AMENDMENT) BILL, 2019}}, publisher = {Natural Justice}, year = {2019}, month = may, url = {https://naturaljustice.org/wp-content/uploads/2020/05/NJ_Comments-on-the-Public-Order-Amendment-Bill.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }