A new legislative proposal is poised to significantly reshape the landscape of public demonstrations and freedom of assembly in Kenya. Nairobi Woman Representative Esther Passaris has sponsored the Public Order (Amendment) Bill, 2025, a piece of legislation that seeks to impose strict new restrictions on where public gatherings can take place, particularly in the vicinity of key government institutions.
The Bill, which proposes crucial amendments to the existing Public Order Act (Cap. 56), aims to establish clear "demarcation of assembly and demonstration zones." At its core, the proposed law explicitly states that any public meeting or procession would be prohibited within a radius of 100 meters from the precincts of Parliament, all areas designated as "protected areas" under the Protected Areas Act, and even courtrooms.
Passaris's rationale behind this move, though not fully elaborated in the provided information, seemingly centers on maintaining order and security around critical government functions. However, the implications for freedom of expression and the right to peaceful assembly, cornerstones of democratic societies, are immediate and far-reaching.
The proposed penalties for contravening these new restrictions are significant. "A person who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding three months or to both," the Bill proposes. This clearly indicates a firm stance against non-compliance, with both financial and custodial consequences.
The Bill also grants substantial power to the Cabinet Secretary. In consultation with county governments, the CS would be empowered to "designate assembly and demonstration zones" and prescribe additional areas where public meetings and processions would be outright prohibited. This provision introduces a layer of executive discretion that could further restrict where citizens can voice their grievances or show solidarity.
The current Public Order Act (Cap. 56) already governs public meetings and processions in Kenya, requiring organizers to notify a police officer at least three days prior to an event. It also specifies details such as names, addresses, dates, times (between 6 am and 6 pm), and locations for gatherings. The Act also addresses the consequences of "unlawful assemblies," with those involved facing potential charges under the Penal Code and imprisonment.
The new Public Order (Amendment) Bill, 2025, appears to build upon these existing frameworks by adding a spatial dimension to the regulations. While the intent might be to streamline security and minimize disruption, critics are likely to argue that such measures could stifle legitimate protest and limit the ability of citizens to directly engage with their elected representatives and institutions. As the Bill proceeds through the legislative process, its potential impact on Kenya's democratic space will undoubtedly be a subject of intense debate and scrutiny.
