Police insist on dispersing rallies despite Constitutional Court decision

Police have said they will continue dispersing illegal assemblies despite last week’s Constitutional Court decision annuling some of the provisions of the Public Order Management Act (POMA), 2013.

The Constitutional Court last week held that Sections 5 and 10 of the POMA, to the extent that they impose penal sanctions on organisers and participants in peaceful public meetings, including demonstrations and assemblies, contravene the Constitution and therefore, are null and void.

Reacting to the development, Police spokesperson, Fred Enanga said the act still gives powers to police to stop or disperse illegal assemblies.

“For purposes of policing public meetings, assemblies and processions, the most important section in the Public Order Management Act 2013 is section 5 and is still intact. This section provides for organisers of the public meeting to organizer police three days before the date of the meeting, assembly or procession. Organisers, individuals and political groups should know that although it is a fundamental right to peaceful assembly, they also have a duty to inform police,” Enanga said.

The police spokesperson explained that in accordance with this section of the law, organisers of assemblies, meetings, rallies and processions ought to inform police of the date, time, details of the assembly, details of the organisers, consent of the venue owner, number of persons expected to attend, purpose and any other basic information.

He noted that the other criteria that has always been asked by police including having a traffic assembly plan, sufficient stewards and coordinating with police to maintain security ought to be adhered to.

“It doesn’t mean that the police don’t have powers to police or regulate unlawful assemblies. The law provides for the regulation of unlawful assemblies under the Penal Code Act and for that matter, under section 65 it still provides what an unlawful assembly is. We therefore have powers to disperse any unlawful assemblies and riots.”

He said section 68 of the Penal Code Act also provides for a proclamation for rioters to disperse done by a magistrate or any police officer at the rank of inspector or above or any commissioned officer in the armed forces in whose view 12 or more persons are riotously assembled can make a proclamation and cause for the dispersal of the assembly.

“We have seen situations where a commissioned officer is trying to make a proclamation and there are people who try to block that process but it is an offence punishable with a maximum of 10 years imprisonment.”

In 2019, the Constitutional Court declared Section 36 of the Police Act unconstitutional on account that it authorises and legitimises police brutality against innocent citizens.

In 2020, the Constitutional Court again struck down section 8 of the Public Order Management Act which granted the Inspector General of Police powers to stop public gatherings.

Members of the public, especially the opposition has in the past accused police of hiding behind the Public Order Management Act to stifle dissent but also disperse their rallies.