Passaris bows to pressure, shelves 'protests' Bill

Esther Passaris at Parliament on August 8, 2024. [FILE/ Standard]

Just about a week after presenting her proposals on the Public Order (Amendment) Bill 2025, Nairobi Woman MP Esther Passaris has shelved it, at least for the moment.

The Bill, which seeks to define how demonstrations should be held, has attracted public outcry, with a majority terming it unconstitutional and stating that it should not be allowed to pass.

Ms Passaris said she has decided to pause the pre-publication process 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,” she said in a statement.

Saying it is a time for reflection and responsibility, Passaris noted that 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. As we honour the spirit of Saba Saba, let us move forward not in anger, but in shared accountability; each of us doing our part to secure Kenya’s promise of prosperity,” she added.

Passaris made the remarks in what she described as in honour of Kenya commemorating Saba Saba - a day rooted in our struggle for democracy and justice. She also said it was in response to the call by the National Council of Churches of Kenya (NCCK) and other voices of conscience.

“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 said.

On Sunday, NCCK referred to the Bill, which, among other issues, proposes a ban on picketing within 100 meters of Parliament, State House, Court Buildings and other “protected areas”, despite these being the very public offices where citizens need to picket to present their views and concerns. “We demand that the Public Order (Amendment) Bill be withdrawn immediately,” NCCK said.

Other than proposing a 100-meter ban on protected areas, the Bill, which she defended before the National Assembly committee on administration and internal security last week, also seeks to manage protests.

It proposes to amend the Public Order Act Cap 56 to provide demarcation of assembly and demonstration zones, in which persons may hold public meetings and public processions as provided for under Article 37 of the Constitution.

Similarly, she is seeking the amendment of Section 2 of the Public Order Act to redefine the terms “public meeting” and public procession.”