Passaris Proposes Controversial Bill to Restrict Protests Near Key Government Sites

Nairobi Woman Representative Esther Passaris has introduced a contentious legislative proposal aimed at regulating public protests in Kenya. The Public Order (Amendment) Bill, 2025, seeks to establish a 100-meter no-protest zone around critical national institutions, including Parliament, State House, and courtrooms, in a bid to manage demonstrations that have recently turned violent. The bill, presented to the Administration and Internal Security Committee on Tuesday, has sparked heated debate, with supporters praising its intent to maintain order and critics warning it threatens constitutional rights.

The proposed legislation comes in the wake of youth-led protests that have rocked Nairobi and other parts of the country, particularly following the controversial death of Albert Ojwang, a teacher and blogger who died in police custody after exposing a corruption scandal. These protests, often centered around government institutions, have led to clashes with police, property damage, and loss of life, prompting Passaris to argue for stricter regulations. She insists the bill does not aim to criminalize protests but to protect lives and infrastructure by introducing designated protest zones in consultation with counties.

"The whole idea of the Bill is to protect the pillars of our democracy," Passaris told the committee. "You have to have a certain area where you can't reach as a demonstrator, and you have to respect that." She emphasized that the legislation seeks to add structure and predictability to demonstrations while respecting constitutional rights. The bill stipulates that organizers must avoid areas within a 100-meter radius of protected sites listed under the Protected Areas Act. Violators could face a fine of up to Sh100,000, a three-month prison term, or both.

Passaris highlighted the recent unrest, noting that some protests have spiraled into chaos, resulting in fatalities and destruction. "I believe that the lives lost during this Gen Z uprising cannot be brought back," she said. "But if we put this bill in place, we can stop the continued loss of lives of innocent Kenyans and protesters." The bill also grants the Cabinet Secretary authority to designate official protest zones, steering gatherings away from sensitive government buildings.

The proposal has garnered support from several MPs, who view it as a timely measure to balance the right to protest with public safety. Gabriel Tong'oyo, chair of the Administration and Internal Security Committee, described Kenya as being at a "crossroads" in its democratic development. "As much as citizens have a right to picket, it must be done in an orderly manner," he said, endorsing the bill's intent to regulate demonstrations.

However, the bill has faced fierce opposition from human rights groups, civil society organizations, and political analysts, who argue it infringes on the constitutional right to assembly. Political economist David Makali has been vocal in his criticism, calling the proposal an attempt to silence public dissent. "The right to peaceful protest is the cornerstone of our democracy," Makali said. "This motion, if enacted, will severely limit where Kenyans can exercise this right, pushing protests to remote areas and effectively silencing dissent in urban centers."

Makali and other critics argue that the bill builds on an existing framework that already imposes significant restrictions on protests. The Public Order Act currently requires organizers to notify police at least three days in advance, providing details on names, locations, times, and dates. The new amendment, they contend, goes further by creating geographical barriers that could render protests less visible and impactful. "This is not about protecting democracy but about controlling it," Makali added, pointing to the government's increasing efforts to curb public demonstrations.

The bill's introduction coincides with another legislative proposal, the Assembly and Demonstration Bill, 2024, by Public Service Cabinet Secretary Geoffrey Ruku. Ruku's bill, which has been revived with President William Ruto's support, seeks to criminalize spontaneous demonstrations and impose stricter obligations on organizers, including full legal responsibility for damages. President Ruto has publicly backed both bills, stating on Sunday that Kenya needs a law to regulate demonstrations while protecting the rights of those who choose not to participate. "We must protect the right of those who want to demonstrate, but equally, we must protect the right of those who want to go about their business," he said.

The timing of Passaris' bill has raised eyebrows, given her history of aligning with government initiatives despite her affiliation with the opposition Azimio la Umoja coalition. In 2023, she broke ranks with Azimio to support the controversial Finance Bill, which included a housing levy, drawing criticism from coalition leader Raila Odinga. Her defense of police actions during recent protests, including her claim that officers "recovered" rather than stole laptops during a looting incident, has further fueled accusations that she prioritizes proximity to power over public interest.

Social media platforms have been abuzz with reactions to the bill, reflecting deep divisions among Kenyans. Some users praise Passaris for addressing the chaos caused by protests, while others accuse her of betraying the struggles that shaped her political party. Posts on X highlight the polarized sentiment, with one user stating, "Passaris defends her bill as safeguarding lives, but it feels like safeguarding power." Another called it "a betrayal of the Gen Z uprising," referencing the youth-led movement demanding accountability for police brutality and governance issues.

The bill's fate now rests with Parliament, where it will undergo further scrutiny and public participation. While supporters argue it will bring order to an increasingly volatile protest landscape, opponents warn it could set a dangerous precedent for curbing democratic freedoms. As Kenya grapples with balancing public expression and public safety, the debate over Passaris' bill underscores the broader tensions shaping the nation's democratic journey.