President William Ruto has referred back the Penal Code (Amendment) Bill, 2022 to the National Assembly, citing concerns that eliminating the offense of being “idle and disorderly” without alternative measures could lead to an increase in disruptive public conduct.
In a memorandum read by National Assembly Speaker Moses Wetang’ula, Ruto expressed apprehension about the potential consequences of a blanket repeal of Section 182 of the Penal Code, which criminalizes idleness and disorderly behavior.
“Were the Bill to be assented to in its current form without offering alternative offenses or sanctions, it will render certain indecent, immoral or disruptive public conduct to be acceptable,” Wetang’ula conveyed on behalf of the President.
The Bill, sponsored by MP David Gikaria, sought to decriminalize the controversial law, which critics have long argued infringes on personal liberties and disproportionately targets marginalized groups, such as the homeless and street families.
In his reservations, Ruto recommended deleting Clause 2, the primary component of the Bill that proposed repealing Section 182. “A blanket decriminalization of conduct that a majority considers delinquent undermines the reputation of the law as a reliable moral authority that should be obeyed,” Wetang’ula quoted the President.
The National Assembly now has 21 days to consider the President’s reservations, with the Departmental Committee on Justice and Legal Affairs tasked with reviewing the matter.
