Redrawing The Lines Of Dissent: Esther Passaris’ Bill Seeks To Cordon Off Critical Public Spaces
Esther Passaris
By: Sheilah Ombongi
In a move poised to significantly reshape the landscape of public demonstrations in Kenya, Nairobi Woman Representative Esther Passaris has sponsored a controversial Bill seeking to ban public gatherings within a 100-meter radius of Parliament, courtrooms, and all areas defined as “Protected Areas” under the Protected Areas Act. The Public Order (Amendment) Bill, 2025, currently before the National Assembly Committee on National Administration and Internal Security, has ignited fervent debate, with proponents arguing for the protection of national institutions and critics raising concerns about the curtailment of constitutional rights.
The proposed legislation, coming on the heels of recent nationwide protests that witnessed instances of chaos, destruction, and alleged infiltration by criminal elements, aims to revise the existing Public Order Act (Cap. 56). Passaris contends that the Bill is a direct response to such incidents, emphasizing the need to safeguard the “pillars of our democracy” and ensure that the constitutional right to peaceful assembly is exercised with caution and responsibility.
Under the Bill’s provisions, any individual found violating the 100-meter protest boundary would face a hefty fine of up to KSh 100,000, imprisonment for up to three months, or both. The Bill also seeks to grant the Cabinet Secretary for Interior the power to designate specific “assembly and demonstration zones” in consultation with county governments, effectively steering public gatherings away from sensitive sites and central government buildings. Furthermore, it mandates that gatherings take place only between 6 a.m. and 6 p.m. and requires organizers to submit detailed advance notice including names, addresses, venue, and expected duration.
The Protected Areas Act (Cap 204) already allows the Cabinet Secretary of Interior to declare an area, place, or premises as “protected” if it is deemed necessary or expedient in the interests of public safety and public order to prevent the entry of unauthorized persons. This broad definition, coupled with Passaris’ proposed 100-meter buffer, could significantly expand the zones where protests are prohibited. Protected areas under the existing Act can include government installations, security facilities, and other critical infrastructure.
While acknowledging the constitutional guarantee of the right to peaceful assembly and demonstration (Article 37), Passaris maintains that “order is not the enemy of democracy, but its foundation.” She stressed that her intention is not to infringe on freedom of expression but to ensure demonstrations are conducted in an orderly manner and to protect the sanctity of institutions that hold the nation together.
The Bill has garnered support from some Members of Parliament, who view it as a timely and necessary measure to protect national institutions from civil disorder. However, civil society organizations and human rights advocates are watching closely, expressing concerns that the proposed amendments could be used to stifle legitimate dissent and limit the space for public expression, especially for spontaneous demonstrations. Critics argue that confining protests to designated zones, potentially in remote areas, could undermine the very essence of demonstrating for public attention and accountability.
As the Public Order (Amendment) Bill, 2025, progresses through the National Assembly, it is clear that it will continue to be a focal point of discussion, balancing the imperative of public order and the fundamental right to peaceful assembly in Kenya’s evolving democratic landscape. The outcome of this legislative push will undoubtedly have far-reaching implications for the future of civic engagement and protest in the country.
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