SUBMISSIONS ON THE PUBLIC ORDER (AMENDMENT) BILL, 2019

Natural Justice argues that the Public Order (Amendment) Bill, 2019 is unconstitutional because it imposes strict liability on organizers for damages caused during public meetings. The organization contends that such provisions threaten the right to peaceful assembly and freedom of expression under the Constitution of Kenya, suggesting that only the individual found culpable should be required to provide compensation.

• The proposed amendment to section 5 of the Public Order Act would make organizers of public meetings and processions responsible for compensating affected persons in cases of loss of property, life, or earnings.
• Under the proposed sub-clause (11A), individuals causing grievous harm, property damage, or loss of earnings at a public meeting face up to six years in prison, a fine of up to one hundred thousand shillings, or both.
• Natural Justice asserts that the amendment is unconstitutional as it imposes strict liability on organizers even when the perpetrators are not lawful participants, thereby threatening the right to peaceful assembly, demonstration, picketing, and petition guaranteed by Article 37 of the Constitution of Kenya.
• The organization argues that allowing courts to order organizers to compensate affected persons beyond the prescribed sentence creates a risk of abuse of discretion and contradicts criminal law principles, which dictate that only the culpable person should pay compensation.

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} }