By Anderson Ojwang
President William Ruto has nominated a political hardliner and opponent of public demonstrations to the cabinet.
Similarly, the tallest politician in Mt Kenya and Mbeere North MP, Geoffrey Ruku, was appointed to replace his constituent, the sacked Public Service Cabinet Secretary, Justin Muturi.
Before the announcement of his appointment this afternoon, Ruku had hosted Deputy President Prof. Kithure Kindiki in his backyard for the launch of development projects.
Ruku had, last year, sponsored the controversial Assembly and Demonstration Bill 2024, which sought to impose stricter regulations on public protests by granting the police greater control.
Muturi, a former Speaker of the National Assembly, was once a close ally of Ruto and played a key role in his 2022 presidential campaign but recently found himself increasingly sidelined in key cabinet decisions.
The rift became more evident when Muturi publicly contradicted some of the administration’s positions in his role as Public Service Cabinet Secretary.
Kindiki had posted on his Facebook page:
“Revitalising agriculture for better productivity and higher returns to farmers requires a steep increase in land under irrigation across the country.
Impromptu inspection of progress on the Sh258 million Kanyaumbora Irrigation Project in Mbeere North Constituency, Embu County.
Area MP Geoffrey Ruku, officials of the National Irrigation Authority, and the project’s beneficiaries were present.“
Ruku is the only MP elected under the Democratic Party of Kenya, for which Muturi was the presidential candidate before entering into a political coalition with President Ruto to join the Kenya Kwanza Coalition.
The Democratic Party recently wrote to the Registrar of Political Parties, giving notice of its intention to leave the coalition, citing the changing political climate in Mt Kenya and the country.
Muturi, the former party leader, had earlier confirmed the move, saying it was within the party’s democratic right to sever links with President Ruto’s coalition.
Recently, the National Assembly and Demonstration Bill 2024 came under heavy criticism, with the police, human rights organisations, civil society groups, and police watchdog bodies calling for its immediate withdrawal.
Critics have branded the bill as retrogressive and unconstitutional, arguing that it infringes on fundamental rights enshrined in the Constitution.
Their concerns were raised as the police proposed amendments to the Public Order Act to regulate noise pollution during protests.
The National Police Service Commission (NPSC) and the National Police Service (NPS) suggested incorporating these changes into the existing law to ensure demonstrations remain peaceful and do not disrupt public order.
The commission’s Director of Legal Affairs, James Nduna, acknowledged that while Kenyans have the right to protest, demonstrations should be conducted in a moderate manner.
“We must have a clear provision on how to regulate noise so that it is controlled – just like in the US, where protests occur with minimal noise,“ said Nduna.
He further emphasised that demonstrations should not turn into entertainment events.
“There must be a way of separating noise from protests. We cannot have a situation where people hire a DJ to entertain crowds in the middle of town,“ Nduna stated.
NPS Director of Training, Wycliffe Opiyo, pointed out that the current Public Order Act lacks specific provisions on noise pollution, making it necessary to include regulations addressing this issue.
The debate around the bill intensified as the NPSC, NPS, and the Independent Policing Oversight Authority (IPOA) highlighted that amendments to the Public Order Act are already underway under the supervision of the Attorney General.
They argued that passing a separate bill would result in the duplication of laws.
The bill, sponsored by Ruku, sought to provide a legal framework for regulating public assemblies and demonstrations, as outlined in Article 37 of the Constitution.
However, the NPSC insists that the existing Public Order Act already offers a sufficient framework for managing protests while maintaining public order.
“The best approach is to amend the Public Order Act to align with international standards rather than creating a separate bill,” Nduna explained.
IPOA Chief Executive Elema Halake strongly opposed the bill, warning that it rolls back fundamental rights, particularly the right to assemble, demonstrate, picket, and petition.
“The bill introduces unnecessary restrictions, including pre-approval requirements by authorities and punitive measures on conveners,” they said.
Despite their opposition to the bill, the NPS has proposed amendments that they believe should be considered if the bill proceeds.
These include reducing the threshold for public gatherings from 100 people (as stated in the bill) to 10 people and introducing a new section to criminalise obstruction during demonstrations and regulate how protests impact traffic flow.
The Kenya National Commission on Human Rights (KNCHR), represented by Commissioner Marion Mutugi, criticised the bill for its biased approach to spontaneous protests.
She pointed out that the bill only protects organised demonstrations while penalising unplanned or spontaneous protests through the mandatory notification process.
She also questioned Clause 12 (1) of the bill, which severely limits freedom of assembly, and argued that:
“Organisers cannot be held accountable for the actions of every individual in a protest. If rogue individuals cause damage, it is the duty of the police to maintain law and order.“
