On July 21, 2026, the Kenya National Commission on Human Rights (KNCHR) announced a draft legislative proposal titled the Facilitation of Assembly and Demonstrations Bill, developed jointly with the Office of the Attorney General, the Independent Policing Oversight Authority (IPOA), and the Law Society of Kenya (LSK).
This proposal follows a landmark High Court judgment delivered in Kisimu on March 19, 2026, in which the court directed the government to develop clear legal and operational regulations governing public assemblies, demonstrations, picketing, and the use of force by law enforcement officers within 90 days.
Key provisions of the proposed bill include:
- Written notification for demonstrations, deliverable in person or electronically to the regulating officer
- Mandatory protection of participants, journalists, healthcare workers, and observers even where protests occur without notice
- Restrictions on prohibition of assemblies to cases involving credible, specific, and imminent risk of death, serious violence, or extensive destruction of property
- Deployment of plain-clothed officers only for intelligence gathering and monitoring suspected offenders who have infiltrated assemblies
- Nationwide public participation before submission to Parliament
The bill seeks to give full legislative effect to Article 37 of the Constitution, which guarantees the right to assemble, demonstrate, picket, and present petitions peacefully and unarmed.
COPLER Foundation, through its LEX pillar, welcomes this development as a significant step toward protecting the constitutional right to peaceful assembly while ensuring accountability in policing. We encourage community members to participate in the public participation process by submitting views through SMS, email, WhatsApp, and the toll-free line provided by KNCHR.
For civic education sessions on this proposed legislation, contact our offices at COPLER Center, Butere.