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Members of Parliament (MPs) want the law on “idle and disorderly conduct” repealed, citing inconsistencies with the 2010 Constitution.

They argue that the penal code Act is unconstitutional as it infringes on the fundamental human rights and freedoms of citizens who are simply trying to earn a living.

The Penal Code (amendment) Bill, 2022 has been sponsored by Nakuru Town East MP David Gikaria.
The MP argues the existing legal framework is being misused by the police to harass innocent Kenyans, especially youths.

“The current Penal Code is being used by the police to harass Kenyans. The main objective of my bill is to repeal Section 182 of the Penal Code Cap.63, which criminalises idle and disorderly persons,” Gikaria says.
According to the MP, law enforcement officers abuse Section 182 to target innocent members of the public under offences like loitering.

Gikaria further argues that Kenyans have the right to freedom of movement as long as their intentions are not malicious.

Offences under this section carry a maximum penalty of one month in jail or a fine of Sh100.
Those arrested and charged with loitering, are slapped with fines ranging from Sh5,000 to Sh10,000, exceeding the legally prescribed maximum penalty.

Kacheliba MP Titus Lotee, reckons that the continued misuse of Section 182 by the police, results in many youths being hauled to jail without proof.

He emphasizes that the government’s goal of improving the livelihoods of small-scale traders, motorcycle taxi riders, and public transport operators is hindered by the enforcement of Section 182.

“The President has said he wants to elevate the livelihoods of mama mboga and boda boda riders and matatu operators. They are the people targeted most of the time by the police because of Section 182 of the Penal Code,” said Lotee.

He said in his constituency, many individuals who have reformed from banditry or lack formal education have turned to businesses like motorcycle taxis or livestock trading.

He laments, “They are accused of having noisy motorcycles or being disorderly due to the lack of parking spaces. The livestock they transport to the market are often suspected of being stolen property,” underscoring the need to remove the clause that is being exploited by law enforcement.

Wajir North MP Ibrahim Saney describes the penal code as an outdated relic of the colonial regime.
He argues that its provisions perpetuate a colonial mentality that Kenyans have moved beyond, emphasizing the necessity of revising the Penal Code.

Saney criticizes the arrest of people exercising their rights and freedom of association every Friday, asserting that no one should impose unwarranted restrictions on Kenyans’ movement and lawful activities.

“People are put behind bars over the weekend, some with trumped up charges. This is uncalled for. It is draconian and unacceptable,” Saney held.

West Mugirango Stephen Mogaka, asserts that archaic laws impeding the freedom of movement for any Kenyan have no place in the Penal Code under the 2010 Constitution.

He advocates for an overhaul of the code, incorporating offences that align with contemporary blue-collar crimes like electronic theft, electronic corruption, and illegal cross-border fund transfers.
“It is wrong to continue having such archaic laws and to allow our security agencies, particularly the police, to abuse the laws by restricting people’s freedom of movement,” he added.

Lungalunga MP Chiforomodo Mangale, condemned the Penal Code as oppressive, outdated, and draconian.

He highlighted the unfair treatment of Kenyans who are unjustly accused of loitering and subjected to unnecessary arrests.

Mangale criticized the terrorization of citizens by law enforcement agencies and the courts, emphasizing that people are arrested on trivial matters, dragged through court proceedings, and ultimately fined for baseless accusations.

Edith Nyenze (Kitui West) lamented that the Penal Code empowers police officers to continue harassing the people of Kenya.

She expresses disappointment in the conduct of the police, emphasizing that they should act as friendly guides, educating and leading the public, rather than engaging in excessive harassment.