Nairobi Woman Representative Esther Passaris has paused the pre-publication process of the widely controversial protest bill. This was done at the onset of the Saba Saba protests that rocked various parts of the nation.
Taking to her social media platform X, she stated that she had decided to pause the pre-publication process to allow for national dialogue and wide public engagement. “I have decided to pause the pre-publication process of the Public Order (Amendment) Bill 2025 to allow for national dialogue and wide public engagement. This is an invitation to co-create legislation that safeguards constitutional freedoms while ensuring public order.”
While addressing the National Council of Churches of Kenya (NCCK) and other critics of the bill, she thanked them for their bold stances in defending civil liberties. She, however, challenged them to “raise the moral bar of public discourse” and encourage a culture of peaceful protests.
“I thank NCCK for its bold stance in defending civil liberties, but I also challenge our religious institutions to raise the moral bar of public discourse. Let us teach and encourage a culture of peaceful protest, lawful engagement, and respectful disagreement — values rooted in faith and democracy alike.”
She went on in her statement to advocate for accountability from citizens and state officers to build a just society. “A just society is not built by force or fear, but by accountability on all sides — from citizens to state officers. It is my hope that this conversation will shift from confrontation to collaboration.”
Passaris proposed the bill on July 1, seeking to restrict gatherings near protected areas like the Parliament Buildings, courtrooms or State House. According to the bill, anyone who contravened the proposed law would be liable to a fine not exceeding Ksh100,000, or to imprisonment for a term not exceeding three months, or both.
Although the bill drew widespread criticism from civil rights groups and Kenyans who argued that it violated Article 37 of the Constitution, some Members of Parliament expressed support for it. “We need to contain demonstrations,” said Homa Bay Town MP Peter Kaluma. “People are getting away with theft and disorder.”
– By Anthony Mwangi

