A proposed bill by Nairobi Woman Representative Esther Passaris has sparked intense debate after it called for protests to be limited to designated zones and banned near Parliament and other protected areas. The draft legislation, which amends the Public Order Act, has been criticized by lawmakers and civil society advocates who say it threatens key freedoms enshrined in Kenya’s Constitution.
What Does the Protest Bill Propose?
The bill seeks to restrict public gatherings within 100 meters of protected institutions and gives the Interior Cabinet Secretary and county governments power to designate protest zones across the country. Anyone found violating the 100-meter rule could face up to three months in jail, a fine of up to Ksh.100,000, or both.
Passaris argues the move is aimed at preventing damage to property and enhancing public order during demonstrations. But the proposed changes have met swift opposition from within her own political party and beyond.
Why Are Lawmakers and Activists Opposed?
Migori Senator Eddy Oketch openly rejected the proposal during an interview on Citizen TV’s Day Break, saying it undermines Kenyans’ fundamental freedoms.
“Let’s not allow anything that limits Article 37 and Article 1 of the Constitution,” Oketch said, referring to the constitutional rights to assembly, demonstration, picketing, and presenting petitions.
He also clarified that the bill does not represent ODM’s official position. “This is not the position of the Orange Democratic Movement. It is a private member’s initiative,” he added.
Ekuru Aukot, leader of the Thirdway Alliance party, also weighed in: “The argument is not valid. It is a claw-back to the provision of Article 37 of the Constitution and the will of the people.”
How Are Youth Protests Influencing the Debate?
The timing of the bill has further fueled criticism, coming on the heels of recent nationwide protests led by Gen Z demanding transparency and better governance. Rather than curbing these protests, many leaders are urging the youth to channel their activism into political participation.
“We encourage the young people to come out strongly and contest for seats to be in Parliament and refuse to be captured so that they can hold the Executive to account,” said Makueni Senator Dan Maanzo.
With widespread pushback from political leaders, legal experts, and the public, the fate of the proposed bill remains uncertain. The growing opposition points to a deepening demand for constitutional integrity, freedom of expression, and civic engagement, especially among Kenya’s younger generation.
By Risper Akinyi
