By Isaac Dan Bw’Onyancha
The Public Order (Amendment) Bill, 2025, proposed by Nairobi Woman Representative Esther Passaris, seeks to outlaw all public meetings and processions within 100 metres of Parliament, State House, the courts, and other protected areas. It also gives sweeping powers to the Interior Cabinet Secretary, in consultation with county governments, to designate protest zones where Kenyans may legally demonstrate. This proposal must be firmly and unequivocally rejected.
The right to assemble, demonstrate, and petition public authorities is not a gift from the government. It is a constitutional guarantee under Article 37. This right is not conditional on convenience, nor does it depend on proximity rules crafted for political comfort. Protest is inherently disruptive. Its power lies in its visibility, its ability to confront authority directly, and its resonance in public spaces that matter. Restricting demonstrations to predetermined zones renders them powerless, and barring access to sites of power severs the connection between citizen voice and political accountability.
The June 2024 tragedy, which this Bill conveniently cites as justification, should prompt a reevaluation of policing, not a crackdown on civic freedoms. Disorder, when it occurs, is often the result of state provocation, impunity, or outright refusal to listen. The solution is not to shield Parliament from the people but to make it more responsive to their concerns.
To legislate against public gatherings near Parliament is to silence dissent at its very source. It is a move to insulate leaders from consequence and reduce protest to a distant and ineffective ritual, far from the ears it is meant to reach. If passed, this Bill would set a dangerous precedent, opening the door to more restrictions and a gradual erosion of our democratic space.
Even more worrying is the fact that this Bill comes from the Orange Democratic Movement, a party historically known for street protests, demonstrations, and mass action. That the same ODM would now be at the forefront of pushing such a draconian proposal speaks volumes about the shifting priorities in our politics. For the party to have one of its seasoned MPs propose such a law raises serious questions. Whatever benefits ODM may be enjoying from this broad-based government arrangement must surely be too sumptuous for them to now cheerfully sacrifice hard-won freedoms for short-term political gain. History will judge such betrayal harshly.
This is not about restoring order. It is about neutralizing resistance. And that is unacceptable. Kenya’s democracy was built through protest and public struggle. We cannot allow it to be dismantled through legislation disguised as law and order.
This Bill is unconstitutional in spirit, retrogressive in intent, and undemocratic in effect. It must be rejected in full.
- Bw’Onyancha is a governance analyst, civic educator, and commentator on constitutional rights, leadership, and public participation. He is deeply involved in civic engagement, policy advocacy, and grassroots democracy initiatives in Kenya.