Wamuzi News KeNairobi County Woman Representative Esther Passaris has stirred national uproar by proposing a sweeping amendment to the Public Order Act, effectively barring demonstrations within 100 metres of “protected areas” – including Parliament, court buildings, and other key public institutions .
Dubbed the Public Order (Amendment) Bill, 2025, Passaris’ proposal mandates that any “public meeting or procession” inside this prohibited zone would be punishable by a fine of up to KSh 100,000, up to three months’ imprisonment—or both.
Matters came to a head during her appearance before the National Assembly’s Security and Administration Committee, where Passaris defended the move as “necessary to protect the sanctity of institutions that hold us together” and insisted it was not aimed at curbing free expression but enforcing orderly assembly.
However, the bill has triggered an explosive backlash. Critics argue it risks muzzling legitimate dissent and undermining constitutional rights:
- Rights under threat: Kisumu Woman Representative Rosa Buyu warned that by pushing demonstrators to remote “designated zones,” the legislation strips protesters of visibility and impact—and undercuts Article 37 rights.
- Reactionary and hollow: Nyakach MP Aduma Awour cautioned lawmakers against enacting laws driven by the chaos of Gen‑Z protests on June 25, urging instead prioritizing justice and root‑cause solutions. With a pointed rhetorical question—“If they show up in their thousands near Parliament, what will you do—shoot them all?”—he underscored concerns that the bill might promote a draconian crackdown.
- Security vs. suppression? While government insiders argue that the amendment addresses alarming unrest around state buildings, opponents see an escalating tilt toward authoritarian restrictions.
This proposal arrives in the tense aftermath of the June 25 Gen‑Z-led anti-finance protests that rocked Nairobi, sparking fierce police demonstrations, vandalism, and detentions. Parliament’s precincts turned into flashpoints—in part prompting Passaris to seek legal limits on demonstrations so close to state hubs.
Why this matters NOW
- Constitutional red flag: Kenya’s Constitution guarantees freedom of assembly. Critics argue the amendment contradicts these protections and risks sidelining public voices.
- A blueprint for others? Once passed, Interior Cabinet Secretary will have sweeping power—alongside county authorities—to designate and restrict protest zones across the country.
- Political atmosphere: With tense election cycles ahead and youth increasingly vocal, this bill could shift the balance of power in public spaces—turning protest into penalized activity.
What comes next
- First reading imminent: The bill will proceed through Parliament this week. Expect sharp debate from progressive legislators, legal bodies, and civil society.
- Public outcry or acquiescence? Rights groups, activists, and tech-savvy Gen‑Z voices are already mobilizing on social media. Will citizens protest the curbs themselves?
- Judicial showdown likely: If the bill passes, constitutional challenges seem inevitable—pitting national security arguments against civil liberties.
Passaris’ controversial amendment is more than a legal tweak—it poses a direct challenge to the right to dissent and could redraw the boundaries of free speech in Kenya’s democracy. With Parliament preparing to debate the bill in the coming days, the nation stands at a decisive crossroads: Does the state safeguard its institutions by limiting protests, or does it risk stifling the very democratic impulses those institutions exist to uphold?
