Nairobi Woman Representative Esther Passaris has announced a significant shift in her stance on the proposed Public Order (Amendment) Bill 2025. This controversial piece of legislation, which aimed to introduce stricter regulations on public protests, has been paused, a decision Passaris states is to facilitate crucial national dialogue and broad public engagement. This move comes hot on the heels of intense public backlash and a chorus of condemnation from various quarters, highlighting the power of collective voice in shaping legislative processes.
The proposed bill, which Passaris had championed in Parliament, sought to impose stringent restrictions, most notably by outlawing protests within a 100-meter radius of key government institutions such as Parliament, State House, and courtrooms. It also aimed to grant the Cabinet Secretary for Interior the power to designate specific "assembly and demonstration zones" in urban areas, in consultation with county governments. Furthermore, it carried hefty penalties for violations, including fines of up to Ksh100,000 or imprisonment for up to three months.
Passaris had initially defended the bill as a necessary measure to protect life and property, citing instances of violence and destruction during recent demonstrations, particularly those that rocked the country in commemoration of the June 25th protests anniversary. She argued that "public calls to invade Parliament and State House circulated online" and that "rogue actors turned rights into ruin," necessitating stricter controls to safeguard democratic pillars.
However, the bill was met with immediate and widespread condemnation from legal experts, civil society organizations, and prominent public figures. Critics, including seasoned lawyer Willis Otieno, accused Passaris of betraying fundamental democratic principles. Senators like Migori's Eddy Oketch and Makueni Governor Mutula Kilonzo Jr. argued vehemently that the bill directly violated Article 37 of the Kenyan Constitution, which unequivocally guarantees every person the right to peaceful assembly, demonstration, picketing, and the presentation of petitions to public authorities. Many viewed the proposed legislation as a draconian attempt to stifle dissent and curtail constitutionally protected freedoms.
The mounting pressure, particularly the vociferous online backlash from netizens and the intervention of influential bodies like the National Council of Churches of Kenya (NCCK), appears to have prompted Passaris's re-evaluation. In her statement, dated Monday, July 7, 2025 – notably coinciding with Saba Saba Day, a day deeply symbolic of Kenya's struggle for multi-party democracy and justice – Passaris acknowledged these "voices of conscience."
"As Kenya commemorates Saba Saba, a day rooted in our struggle for democracy and justice, I wish to respond to the call by the National Council of Churches of Kenya (NCCK) and other voices of conscience," she stated, emphasizing the historical weight of the day. Her decision, therefore, is framed as an invitation to "co-create legislation that safeguards constitutional freedoms while maintaining public order," signaling a potential shift from legislative imposition to collaborative policy-making.
Passaris also took the opportunity to commend the NCCK for its "bold stance in defending civil liberties," while simultaneously challenging religious institutions to elevate the moral standards of public discourse. She urged, "Let us teach and encourage a culture of peaceful protest, lawful engagement, and respectful disagreement rooted in faith and democracy." Her closing remarks underscored the importance of shared accountability, hoping for a transition "from confrontation to cooperation" as Kenyans honor the spirit of Saba Saba.
