Nairobi Woman Representative Esther Passaris has reversed course on the much-debated Public Order (Amendment) Bill, which she initially proposed to regulate the conduct of protests in Kenya.
In a statement released Monday, Passaris announced that she is pausing the bill’s pre-publication process to allow for broader public engagement and a national dialogue.
“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,” Passaris said.
“I have decided to pause the pre-publication process of the Public Order (Amendment) Bill 2025 to enable national dialogue and broad public engagement.
This is an invitation to co-create legislation that safeguards constitutional freedoms while maintaining public order.”
The bill, which had sparked widespread criticism, sought to restrict protests within 100 metres of sensitive government institutions, including Parliament, State House, and the courts. Critics argued that the bill infringed on Article 37 of the Kenyan Constitution, which guarantees citizens the right to peaceful assembly.
Passaris thanked the NCCK for its “bold stance in defending civil liberties” but also challenged religious institutions to promote higher moral standards in public discourse.
“Let us teach and encourage a culture of peaceful protest, lawful engagement, and respectful disagreement rooted in faith and democracy,” she added.
The legislator further emphasized the need for mutual accountability, urging Kenyans to move beyond confrontation toward cooperation.
“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,” Passaris said.
Her decision comes amid growing backlash from netizens, civil society, and political figures.
Lawyer Willis Otieno accused Passaris of betraying democratic principles by introducing restrictive measures, while Migori Senator Eddy Oketch and Makueni Governor Mutula Kilonzo Jr. condemned the bill for undermining constitutional freedoms.
The pause signals a potential shift toward a more inclusive legislative process, reflecting calls from various stakeholders to balance public order with the fundamental right to peaceful assembly.
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