The Kenyan government has established a multi-agency committee to fast-track the implementation of a court order requiring the development of new regulations for public protests and police conduct. The committee comprises various stakeholders, including the Office of the Attorney General, the Ministry of Interior, the National Police Service, and the Kenya National Commission on Human Rights. This move aims to address concerns over police handling of protests.
The committee was formed in response to a March 25, 2026, court order that directed the Attorney General, the National Police Service, and the Inspector General of Police to develop regulations for public protests, processions, and police use of force within 90 days. The order was issued in response to a petition filed following the government's handling of anti-government protests in Kisumu, Migori, and Ahero between March and July 2023.
The Attorney General informed the court that the committee has developed an implementation plan and is supporting the passage of the 2025 Public Order Management Bill, which is currently before the National Assembly. The bill seeks to repeal the outdated Public Order Act and align with Article 37 of the Constitution, which guarantees the right to peaceful assembly and petitioning.
The court had found the Inspector General of Police, the National Police Service, and the Attorney General in contempt for failing to implement the court order within the stipulated timeframe. However, the court later lifted the contempt charges after considering their apology and efforts to comply with the order. The court has required them to submit implementation reports every four months, with the first report due on January 25, 2027.
The new regulations aim to balance the right to peaceful protest with the need to maintain public order. The government has stated that the 2025 Public Order Management Bill will provide a framework for managing public protests and ensure that police actions are lawful and proportionate. The bill's passage is expected to enhance the protection of human rights and promote accountability within the police service.
Human rights organizations and stakeholders have welcomed the government's move, citing the need for clear guidelines on police conduct during protests. They have also emphasized the importance of ensuring that the regulations are aligned with international human rights standards and the Kenyan Constitution.
The implementation of the new regulations will be closely monitored by the court, which has warned of taking stern action if the parties fail to comply with the court order. The Attorney General has assured the court that the government is committed to implementing the regulations and ensuring that police actions are lawful and respectful of human rights.
Key points
- The Kenyan government has formed a committee to develop new regulations for public protests and police conduct.
- The committee is supporting the passage of the 2025 Public Order Management Bill, which aims to repeal the outdated Public Order Act.
- The court has required the parties to submit implementation reports every four months to ensure compliance with the court order.
