Centre for Human Rights and Policy Studies is pleased to submit its analysis on the Public Order (Amendment) Bill, 2019 which was introduced through a Special Issue of the Kenya Gazette Supplement on 15 March 2019. The amendment reads as follows:
The Public Order Act (Cap. 56) is amended in section 5 by inserting the following new sub-sections
immediately after sub-section (11)—
“(11A) A person who while at a public meeting or public procession causes grievous harm, damage to property or loss of earnings, shall be liable upon conviction to imprisonment for a term not exceeding six years or to a fine not exceeding one hundred thousand shillings, or both.
(11B) Where a person is convicted of an offence under subsection (11A), the court may an order over and above the sentence imposed, that the person or the organizer compensates the affected persons on such terms as the court may deem proper to grant.”