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Home»Briefing»Passaris proposes law to restrict protests near Parliament
Briefing

Passaris proposes law to restrict protests near Parliament

Wambui WachiraBy Wambui WachiraJuly 2, 2025No Comments4 Mins Read
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Nairobi Woman Rep Esther Passaris
Nairobi Woman Rep Esther Passaris. (Photo: Courtesy)
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Nairobi Woman Representative Esther Passaris has sponsored a new legislative proposal—the Public Order (Amendment) Bill, 2025—aimed at banning public protests, gatherings, and picketing within 100 metres of Parliament, State House, court buildings, and other protected areas.

The Bill introduces new legal boundaries for where demonstrations can take place and seeks to establish official “assembly and demonstration zones” where protest activity will be lawfully permitted.

The Nairobi Law Monthly September Edition

Under the proposed law, persons found conducting public gatherings or protests within the restricted radius would be subject to a fine not exceeding KSh100,000, three months’ imprisonment, or both.

The Bill also empowers the Cabinet Secretary for Interior, working jointly with county governments, to demarcate designated protest zones in urban centres and sensitive areas.

The legislation, sponsored by Passaris, is currently under review by the National Assembly’s Departmental Committee on Administration and Internal Security, chaired by Narok West MP Gabriel Tong’oyo.

During the committee’s deliberations, several MPs contributed to the discussion, including Homa Bay Town MP Peter Kaluma, Mandera East MP Hussein Weytan, Nyakach MP Aduma Awour, and Kisumu Woman Representative Rosa Buyu.

Passaris defended her proposal before the committee, stating: “The Constitution gives the right to demonstrate, picket, and assemble, but that right has been turned into rights of destruction… Rights have been turned into ruins.”

She added: “You can picket, you can demonstrate, but not at the gates of Parliament. Not at the gates of State House.”

The Bill was introduced in the final week of June 2025, shortly after violent protests on June 25, during which anti-tax demonstrators stormed Parliament buildings, damaged property, and clashed with security forces. According to government reports, at least 19 people were killed and over 500 injured across the country during the chaos. These events have spurred urgent conversations on protest regulations and public safety.

The proposal is currently under debate in the National Assembly in Nairobi. If approved, it will be enforced nationwide, especially in cities and towns housing Parliament, State House, courts, and other government facilities designated as protected zones. The Interior Ministry will oversee implementation and enforcement in collaboration with county officials.

Passaris cited the June protests as a wake-up call that the country must draw firmer boundaries between civil liberties and national security. She expressed concern over growing online mobilisations calling for the “invasion” of Parliament and State House.

“Calls were made online to invade Parliament. People were told to bring tyres and petrol. These are not peaceful demonstrators, and it cannot be ignored,” she said.

  • Murkomen orders police to use lethal force amid violent protests

She explained that the amendment aims not to silence dissent but to ensure protests do not endanger lives or interrupt critical government operations. “The right to demonstrate must be balanced with responsibility. We are not taking away the right. We are simply relocating it.”

She also clarified that her Bill is different from the controversial Assembly and Demonstration Bill, 2024, driven by former MP Geoffrey Ruku. “I am not proposing restrictions on how one behaves in protests. I’m only regulating where it happens. You cannot clean a wound if you don’t clean the environment first.”

The proposal has triggered strong debate in Parliament. Committee chair Gabriel Tong’oyo supported the Bill, describing it as timely and necessary. “Nobody is safe when people can walk into Parliament or the State House during protests,” he said.

Mandera East MP Hussein Weytan also backed the move, warning: “We are dealing with organised protests that can paralyse government functions. We must protect these installations.”

However, opposition voices raised caution against potential abuse and democratic erosion.

Nyakach MP Aduma Awour asked: “If the law is passed and thousands still show up at Parliament gates, will the State shoot them all? Will you arrest them all?”

He added: “We must not legislate out of fear. The problem is not protests; it is governance.”

Kisumu MP Rosa Buyu warned that removing demonstrations from high-visibility areas could diminish their impact. “Where you protest matters. People are protesting because they feel ignored. You cannot push them away and say you’re listening.”

Passaris, in response, maintained that the Bill intends to bring sanity, not to silence.

“Let us not wait until Parliament is burned down to act. This Bill is to protect life, property, and national order.”

The Nairobi Law Monthly September Edition

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The Nairobi Law Monthly September Edition

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