Esther Passaris
Subject: Request for Detailed Response on Your Call for Media Boycott and the Controversial Public Order (Amendment) Bill, 2025
Dear Honorable Esther Passaris,
I write to you as a journalist dedicated to responsible reporting and as a Kenyan deeply invested in the democratic process. Your recent public call urging Kenyans to boycott certain media houses, coupled with your sponsorship of the Public Order (Amendment) Bill, 2025, has generated intense public interest and debate. Given your prominent role as Nairobi Woman Representative and your influence in shaping national policy, I respectfully seek your detailed response to several critical issues.
Context of the Bill and Media Boycott
Your Public Order (Amendment) Bill, introduced on October 18, 2024, proposes to prohibit public demonstrations and gatherings within a 100-metre radius of key government institutions such as Parliament, courts, and State House. The Bill also empowers the Interior Cabinet Secretary and county governments to designate specific assembly and demonstration zones. It prescribes penalties including fines up to KSh 100,000 or imprisonment for up to three months for violations.
You have defended the Bill as a necessary measure to protect lives and public property, citing incidents such as the June 25, 2024, Gen Z protests that led to vandalism, injuries, and deaths. You have emphasized that your intention is not to suppress dissent but to ensure demonstrations occur safely and orderly. Despite this, the Bill has attracted sharp criticism from constitutional experts, human rights defenders, and even members of your own party, ODM, who warn it threatens the constitutional right to peaceful assembly guaranteed under Article 37 of the Kenyan Constitution.
In parallel, you have publicly accused major media houses, including the Nation and Standard groups, of biased and misleading reporting on your Bill and political activities, urging Kenyans to boycott their newspapers and platforms[Search context]. This call has raised concerns about press freedom and the public’s right to access information.
Questions for Your Consideration and Response
To foster transparency, accountability, and informed public discourse, I kindly request your detailed response on the following:
Specific Media Concerns: Could you provide concrete examples of the media coverage you consider biased or inaccurate? What specific reforms or standards do you propose to improve media accountability without undermining press freedom?
Balancing Rights and Security: How do you reconcile the restrictions proposed in your Bill with the constitutional guarantee of the right to assemble and protest peacefully? What safeguards does the Bill include to prevent misuse against legitimate dissent?
Engagement with Stakeholders: Given that your party ODM has distanced itself from the Bill, and critics have raised constitutional concerns, what consultations have you undertaken with your party leadership, civil society, human rights groups, and the public before tabling this legislation?
Communication with the Executive: You mentioned that President William Ruto was unaware of the Bill until it appeared publicly online. Could you clarify the communication process with the executive branch and how you intend to ensure coordination on such critical national issues?
Alternative Approaches: Instead of calling for a media boycott, would you consider engaging constructively with media houses to address your concerns? What role do you see for ethical journalism, media reforms, and media literacy in strengthening Kenya’s democracy?
Impact on Democratic Space: How do you respond to fears that the Bill, combined with calls to boycott media, might shrink democratic space and limit citizens’ ability to hold leaders accountable?
Future of Protest Rights: With the 2027 general elections approaching, how do you envision Kenyans exercising their political rights, including peaceful protest, while ensuring public order and safety?
Your leadership on issues of public safety and order is commendable, and your commitment to Kenya is clear. However, open dialogue and transparency are essential, especially when proposing laws that affect fundamental freedoms and when challenging key democratic institutions like the media.
As a journalist, I am committed to balanced and factual reporting, and I believe your detailed response will contribute significantly to public understanding and democratic discourse.
I look forward to your prompt and comprehensive reply.
James Kilonzo Bwire
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