A legislative proposal by Nairobi Woman Representative Esther Passaris to restrict public protests to designated zones has sparked fierce opposition from lawmakers and civil society, who warn it poses a serious threat to constitutional freedoms.
The bill seeks to amend the Public Order Act by prohibiting public gatherings within 100 meters of Parliament and other “protected areas,” while granting the Interior Cabinet Secretary and county governments powers to designate specific protest zones across the country. Violators could face a fine of up to Ksh.100,000, a jail term not exceeding three months, or both.
Speaking during an interview on Citizen TV’s Day Break on Thursday, Migori Senator Eddy Oketch strongly criticized the proposal, calling it unconstitutional. “Let’s not allow anything that limits Article 37 and Article 1 of the Constitution,” he said, referring to the rights of Kenyans to assemble, demonstrate, and picket. Oketch further clarified that the bill was not supported by the Orange Democratic Movement (ODM) party, which both he and Passaris belong to, emphasizing it was a private member’s initiative.
Echoing these sentiments, lawyer and Thirdway Alliance party leader Ekuru Aukot described the bill as a direct “claw-back” on the Constitution. “The argument is not valid. It undermines Article 37 and the will of the people,” Aukot said.
The proposed legislation comes in the wake of recent Gen Z-led nationwide protests that shook the country and forced the government to withdraw contentious finance proposals. Leaders including Makueni Senator Dan Maanzo lauded the youth for demanding accountability and urged them to take their activism further by running for public office.
“We encourage young people to come out strongly, contest for seats, get into Parliament, and refuse to be captured so they can hold the Executive to account,” Maanzo said.
As debate over the bill intensifies, critics warn that curbing protest rights under the guise of protecting property could erode hard-won democratic gains and embolden state overreach. The bill now faces an uncertain future amid widespread public and political resistance.
Written By Rodney Mbua
