Martin Oloo: Protest zones bill is fear of accountability

Dr. Martin Oloo Advocate of the High Court Kenya [Screengrab; Spice FM]

A proposed law to restrict protests in Kenya is facing sharp criticism, with a lawyer calling it a fear-driven move to silence dissent.

Nairobi Woman Representative Esther Passaris has tabled the Public Order (Amendment) Bill, 2025, seeking to create designated protest zones in cities and urban areas.

 The bill would bar demonstrations within 100 metres of Parliament, protected areas and court buildings. Violators would face a fine of up to Sh100,000 or up to three months in jail.

Speaking on Spice FM on Wednesday, July 2, Dr Martin Oloo, an advocate of the High Court, described the bill as a “fear-driven response” by leaders unwilling to face the people who elected them.

“Which government that is elected by people would want to insulate itself from the people, in fact if you told these people to move Parliament to an island or to move State House to an island, they would do that so that they can rule from there and leave the rest of us languishing down here. For me, it is fear of accountability,” noted Oloo.

Article 37 of the Constitution grants Kenyans the right to assemble, demonstrate, picket and present petitions to public authorities. Oloo argued that creating protest zones far from centres of power would undermine this right.

“So if you want to picket against government the best place to go to is Harambee House, you want to picket against Parliament the best place to go is Parliament, you want to picket against the president, you can go to Harambee House or near State House, so how can you make it impossible for anybody to communicate, to pass a message, to even pass a memo or to pass whatever they want to let the president know, how do you make it impossible for them to even make it close to it,” observed Oloo.

He argued that the bill is more about control than public safety.

“Let me be very bold on this, we are looking for an excuse to shoot and kill, we are looking for an excuse to violate people’s rights. If people are protesting, what is the role of police, to protect them from goons or any infiltration that will worsen the situation?” explained Oloo.

His remarks come amid growing concerns about police brutality and infiltration of violent elements in recent Generation Z (Gen Z)-led protests demanding accountability and justice.

“We cannot be afraid of ourselves, we cannot be afraid of the owners of this country, we cannot ostracise or even alienate citizens who are the bosses of this country, from picketing and demonstrating and communicating to their leader,” added Oloo.

He warned that the bill would institutionalise the suppression of Kenyans if passed.

“How do you stop owners of a place from visiting their home? You know who owns the State House? It is not the government, it is not the president, it is Kenyans, it is their house, how do you stop them from coming there to speak?” questioned Oloo. “We cannot use excuses or some of these not necessarily constitutional arguments, to kill, to maim and to abduct,” he continued.

Oloo argued that the problem in Kenya is not the Constitution but a lack of dialogue.

“There is nothing wrong with the current Constitution; there is everything wrong with our intention not to have dialogue, not to want to speak to each other or to take each other for granted, and that is what is causing more dissent,” explained Oloo.