Nairobi Woman Representative Esther Passaris before the Administration and Internal Security Committee. Photo Courtesy. 
By Andrew Mbuva
A parliamentary committee has raised concerns over a proposed law seeking to restrict public demonstrations to specific zones, warning that the move could undermine constitutional freedoms.
The Administration and Internal Security Committee was reviewing the Public Order (Amendment) Bill, sponsored by Nairobi Woman Representative Hon. Esther Passaris, which seeks to amend the Public Order Act, Cap. 56.
The Bill proposes the demarcation of designated areas for holding public meetings and processions, a move that Passaris says is meant to enhance public safety.
But while acknowledging the relevance of the Bill—particularly in light of recent nationwide protests—Members of the Committee voiced strong reservations, arguing that such a law might defeat the core purpose of demonstrations.
“Designating protest zones risks watering down the power and visibility of demonstrations, which are inherently designed to express public dissatisfaction,” one Member cautioned.
The lawmakers emphasized that any attempt to regulate demonstrations must not infringe upon Article 37 of the Constitution, which guarantees every citizen the right to assemble, demonstrate, and picket peacefully.
They urged Hon. Passaris to refine the Bill to ensure that it does not limit constitutional rights or appear as a tool to suppress dissent. Instead, they advised that the law should focus on enhancing safety without compromising the effectiveness of civil expression.
In defense of her proposal, Passaris told the committee that her intent was not to muzzle the right to protest, but to close legal gaps that put lives and property at risk during unrest.
“Drawing from the recent demonstrations, what we are witnessing borders on anarchy. This Bill does not strip citizens of their rights; it seeks to protect them and their property,” she said.
Currently, public assemblies and demonstrations are regulated under Section 5 of the Public Order Act, alongside Article 37 of the Constitution.
As the Bill continues to generate debate, the committee’s feedback sets the stage for potential revisions—with a delicate balance required between public order and the protection of civil liberties.
