Fearing public backlash from the proposed anti-demonstration bill, the ODM party has sought to distance itself from it, despite the fact that its sponsor, Nairobi Woman Representative Esther Passaris, is one of its senior members.
Minority leader Junet Mohamed told the Daily Nation that the ODM has nothing to do with the bill.
The proposed legislation, which is currently being examined by the National Assembly Committee on Administration and National Security, seeks to exclude three areas in which demonstrators will not be permitted to hold public meetings or processions.
If passed into law, the Bill will prohibit demonstrators from picketing within 100 metres of parliament, protected areas such as the State House, and buildings housing courtrooms.
“ODM has nothing to do with the Bill, it’s a private members Bill it belongs to the individual member not us,” Mr Mohammed said.
Mr Mohammed, however, explained that the legislative proposal is yet to become a Bill as it has not even been published; it’s still a legislative proposal that is yet to go round the full cycle
“The legislative proposal still has to go to the budget committee to check if it has financial implications, then to the speaker who will determine whether it will be published or not,” Mr Mohammed said.
Asked if the Bill stands a chance to pass on the floor of the House, the minority leader said, “Its chances of survival are 50-50 Let's see how things progress.”
During the consideration of the Bill by the security committee, two ODM MPs- Aduma Owuor (Nyakach) and Rosa Buyu (Kisumu)
“I don’t agree that changing the Public Order Act will change the situation we are in. We must address the realities which are being raised by these people,” Mr Awuor said.
“We need to think of these things more deeply, not cosmetically. There is already a law for people looting and stealing,” he added.
The lawmaker questioned how, for instance, people will be able to assemble in one place in the Central Business District (CBD), yet it is accessed by different areas.
“People can access CBD on many routes. How will we enforce this law? We must be practical,” Mr Awuor said.
Ms Buyu also questioned the rationale of designating a specific area for demonstrating a designated area for demonstrators saying it beats the logic of why the demonstrators took to the streets.
“When people picket, they are expressing their displeasure about something. When we designate an area with no people. Would you therefore be curtailing their freedom to be heard? What will they have achieved with the demonstrations? Ms Buyu asked.
Ms Buyu also pointed out that the mobilisation being done on the current demonstrations is different and is not done in the normal way, hence it would be difficult to ensure that the demonstrators assemble at one designated place.
“The current mobilisation on these demonstrations is done in an amorphous manner. How will they give notice to the police? How will they assemble in one place? She asked.
The Gabriel Tongoyo-led committee is now expected to submit its comments on the Bill to the speaker within fourteen days of receipt of the draft Bill.
After receiving comments on the Bill from the committee, the Speaker may certify that the draft Bill is ready for publication.
