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Post Reply: Esther Passaris Bows to Pressure, Halts Controversial Protest Bill Amid Public Backlash

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on July 9, 2025, 10:47 am</div><div id="pl-6886"  class="panel-layout" ><div id="pg-6886-0"  class="panel-grid panel-no-style" ><div id="pgc-6886-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-6886-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="1 1 []">Nairobi, Kenya - Nairobi Woman Representative Esther Passaris has decided to pause her proposed Public Order Amendment Bill 2025 following significant public outcry and criticism from various stakeholders. The bill, which aimed to regulate public demonstrations by designating specific protest zones and restricting gatherings near key government institutions, sparked intense debate over its potential to infringe on constitutional rights. The decision to shelve the legislation comes as Kenya commemorates Saba Saba Day, a significant moment in the nation's history symbolizing the struggle for democracy and justice.</p>
<p dir="ltr">The Public Order Amendment Bill 2025 sought to amend the existing Public Order Act by introducing measures to control where and how protests could occur. Key provisions included prohibiting demonstrations within a 100-meter radius of critical government sites such as Parliament, State House, and court buildings. Violators of these restrictions would face penalties, including fines of up to Sh100,000 or imprisonment for up to three months. The bill also proposed empowering the Interior Cabinet Secretary, in collaboration with county governments, to designate specific assembly and demonstration zones in urban areas. Passaris argued that these measures were necessary to ensure public safety and prevent the destruction of property, citing incidents like the June 2024 protests where Parliament was breached and vandalized, resulting in loss of life and property damage.</p>
<p dir="ltr">Introduced on October 18, 2024, the bill quickly drew sharp criticism from Kenyans, particularly the youth, who viewed it as an attempt to curtail their constitutional right to peaceful assembly, as guaranteed under Article 37 of the Kenyan Constitution. Critics, including opposition politicians, civil society groups, and small-scale traders, labeled the legislation as unconstitutional and regressive. They argued that restricting protests to designated zones, often far from centers of power like Parliament, would diminish the ability of citizens to directly petition their leaders. Social media platforms amplified these sentiments, with many questioning why lawmakers sought to insulate themselves from the public they represent. Some even demanded that political rallies face similar restrictions to maintain fairness.</p>
<p dir="ltr">The Orange Democratic Movement (ODM), Passaris's sponsoring party, publicly distanced itself from the bill, clarifying that it was a private member's initiative and not reflective of the party's stance. Prominent voices, such as Migori Senator Eddy Oketch, condemned the proposal, emphasizing that it violated constitutional protections. Small-scale traders, including members of the Nairobi Central Business District Shoe Shiners Association, expressed concerns that the bill would limit their ability to protest issues like harassment by police and city officials. Legal experts, such as advocate Martin Oloo, described the bill as a fear-driven response by leaders seeking to shield themselves from accountability.</p>
<p dir="ltr">In response to the mounting pressure, Passaris announced on July 7, 2025, that she would pause the bill's pre-publication process to allow for broader public engagement and national dialogue. In a statement issued on social media, she acknowledged the influence of the National Council of Churches of Kenya (NCCK) and other civil society groups advocating for inclusive consultation on laws affecting civil liberties. Passaris emphasized that her decision was made in the spirit of Saba Saba, a day commemorating Kenya's fight for democratic rights during the single-party era. She called for a shift from confrontation to collaboration, urging stakeholders to co-create legislation that balances constitutional freedoms with public order.</p>
<p dir="ltr">Passaris defended her initial intentions, stating that the bill was not meant to suppress dissent but to ensure orderly demonstrations that protect lives and property. She referenced the violent turn of recent protests, including the June 25, 2024, incident where government buildings were vandalized and at least 19 lives were lost. However, she acknowledged the need for reflection and responsibility, noting that a just society requires accountability from both citizens and state officers. Passaris also challenged religious institutions to promote a culture of peaceful protest and respectful disagreement, rooted in democratic values.</p>
<p dir="ltr">The decision to halt the bill has been met with cautious optimism. Many Kenyans see it as a victory for public advocacy, particularly from the youth and civil society groups who mobilized against the proposal. However, skepticism remains, with some questioning whether the pause is genuine or a temporary retreat in the face of overwhelming opposition. Critics argue that the broader issue of police brutality, with nearly 100 protesters killed since June 2024, demands urgent attention over restrictive legislation. Calls for national dialogue, echoed by ODM leader Raila Odinga, underscore the need to address underlying grievances fueling public unrest.</p>
<p dir="ltr">As Kenya navigates this contentious issue, the shelving of the Public Order Amendment Bill 2025 highlights the power of public participation in shaping legislation. It also underscores the delicate balance between maintaining public order and safeguarding constitutional freedoms in a democratic society. For now, Passaris's decision to pause the bill offers an opportunity for Kenyans to engage in meaningful dialogue, ensuring that future laws reflect the will and rights of the people.</p>
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