Law Society of Kenya v Attorney General & another [2021] eKLR the Order Act still the requirement to notify the police of any meeting or procession stands. I say so because the Constitution and the Police Act gives powers to the Inspector General to oversee and co-ordinate all police operations in Kenya. Under Section 125 of the Police Act, the Inspector General has powers to make regulations on inter alia the use of police powers under the Act and generally for the good order and management of the police service towards attaining the objectives of the Service. One of the objectives is the maintenance of law and order. The Inspector General can, therefore, readily incorporate such a requirement on public meetings and processions in the regulations if not yet. (See the High Court in Ngunjiri Wambugu v. Inspector General of Police & 3 Others (2019) eKLR). 126. Further, under Part IX, the Police Act provides for Community Policing Forums and Committees. The Forums and the Committees are geared towards attaining a cordial and close working relationship between the police and the public. That is in line with Article 244(e) of the Constitution. The committees include police officers in their membership and are charged with the duty, inter alia, to monitor the activities on the ground and to readily liaise with the police. The Committees and Forums also emphasize upon the members of public to involve the police whenever one intends to undertake a public engagement which may involve a public security element. 127. There is also the establishment of the County Policing Authority in each County under the Chair of the Governor. The said entities also come up with security measures including how law and order shall be maintained. Such orders must definitely deal with public meetings and processions. The police are also incorporated in their membership. 128. There is also the Police Reserve Unit. It also aids the police on matters of law and order. 129. With such provisions in the Constitution and the law, it is clear that the police are vested with ample power to require a convenor of a public meeting or a procession to notify them well in advance. Suffice to say, the requirement of notice in the Order Act is, therefore, subsumed in the Police Act. 130. Lastly, the offence of ‘unlawful assembly’ created under sub-section 10 and the offence of ‘taking part in an unlawful assembly’ created under Chapter IX of the Penal Code, and referred to in sub-section 11, although deemed to be the same under the impugned provision, are in reality not the same. Each of the offences has different ingredients. Sub-section 10, therefore, breeds confusion, uncertainty and unsettles the law in the Penal Code. 131. It is also the duty of this Court to consider the objective of the Order Act. The preamble states that it is an Act of Parliament to make provision for the maintenance of public order, and for purposes connected therewith. The Order Act was enacted on 13th June, 1950. By then Kenya was still under the colonial rule. Infact, that was the period when Kenyans began resisting the colonial rule through personalities and movements like Mekatitlili wa Menza, the Mau Mau and many others. The Order Act was, hence, specifically designed to deal with and suppress such initiatives by the locals in the name of maintaining law and order. Section 5 of the Order Act cannot, hence, stand in the advent of the Constitution of Kenya, 2010 which Constitution provides a robust and wellguarded Bill of Rights. 132. The above rationale was well captured in the Report dated 17th September, 2008 on the General Elections held in Kenya on 27th December, 2007 where it was noted that Section 5 of the Order Act was prone to abuse to suppress divergent political opinions. An extract of the Report states that: The amendment to the Public Order Act removed the need for licenses and permits with respect to the holding of public meetings The Act also provides that no person shall be restricted from holding public meetings on account of political beliefs or opinions. This is one of the IPPG wins that sought to curb the misuse of public offices and resources to crash any opposition to incumbency. 133. From the foregoing, it is apparent that Section 5 of the Order Act does not attain the threshold of limiting rights and fundamental freedoms as envisaged in Article 24 of the Constitution. 134. It is of essence to state that the Police Act which was enacted on 30th August, 2011 comprehensively covers all aspects of public order. As said, the Police Act has incorporated the relevant provisions of the Constitution in its 132 sections and the Schedules thereto. It is high time, therefore, that the Police Act be accorded the opportunity to, as intended in its preamble, ‘…. give effect to Articles 243, 244 and 245 of the Constitution; to provide for the operations of the National Police Service; and for connected purposes’. http://www.kenyalaw.org - Page 32/34