As Kenya approaches the 2027 elections, two controversial developments have ignited public outrage: a Sh1.2 billion church planned for State House and a legislative proposal to severely restrict public demonstrations.

To many Kenyans, the initiatives represent a dangerous fusion of sanctimony and suppression – a church rising in the presidential compound even as voices in the streets face silencing.

At the centre of public fury is the Public Order (Amendment) Bill, proposed by Nairobi Woman Rep Esther Passaris. The legislation would impose new limitations on protest rights, including a 100-metre restriction from protected zones, expanded police powers, and potential fines and jail time for protest organisers.

Nelius Njuguna, legal adviser at Kenya Human Rights Commission (KHRC), argues the proposed law fails constitutional standards.

“Applying a blanket law to all protesters does not strike a balance with their constitutional right to assemble, picket, and petition. Banning protests within 100 metres of ‘protected areas’ disproportionately affects citizens who seek visibility by protesting near symbols of power,” Njuguna told People Daily.

Constitutional lawyer Charles Kanjama echoes these concerns, calling the bill “an overreaction that threatens fundamental rights and freedoms. Any limitation must be reasonable and justifiable in an open and democratic society”.

Njuguna raises deeper questions about proportionality and necessity: “Are these amendments truly necessary? And are they proportional to the stated aims of public order and safety? I believe there are less restrictive means, such as training police to de-escalate, that would achieve the same objective without infringing rights.”

Born of fear?

Critics view the proposed changes as reactionary, following recent youth-led anti-government protests over taxes, debt, and joblessness. The fear, they argue, centres not on violence but on dissent itself.

“The timing of these proposed amendments, immediately following significant anti-government protests, strongly suggests a reactive rather than proactive legislative move,” Njuguna asserts.

“This is not a legitimate legislative effort, it’s a tool to suppress dissent.”

Eric Mukoya, executive director of the International Commission of Jurists- Kenya, was more direct, calling the proposal unconstitutional and warning: “We need to remind those in power that they won’t hold office forever. We will gather everything, and once you are out of office, we shall come for you.”

Political theatre?

While tightening controls on protest, the government is loosening purse strings to build what President Ruto calls a “House of God” within State House grounds.

The President defended the plan staunchly: “We want to make State House a place where we can seek God. Kenya must be guided by spiritual values. No taxpayers’ money will be spent. I have no apology to make.”

But this gesture, seen by supporters as spiritual symbolism, strikes critics as political theatre – an attempt to sanctify power while distracting from worsening economic conditions.

“That is not our priority as Kenyans,” argued economist Fred Ogola.

“Ksh1.2 billion could be used to revive the dying sugar sector or education. Ruto should not use religion to conduct unlawful things or marginalise other beliefs.”

Constitutional concerns

Njuguna raised constitutional concerns under Article 8, which establishes Kenya as a secular state: “While the President has every right to practice his faith, building a prayer altar in State House, a public institution blurs the line between personal belief and state endorsement. It raises serious concerns about discrimination and exclusion in a multi-faith country.”

Already, Muslim leaders have requested space for a mosque, triggering concerns that the State House may transform into a religious complex rather than a seat of national unity.

The backlash proves most potent among Kenya’s youth – the very demographic that propelled Ruto’s “hustler” campaign to victory. Jessie Saruni, President of the Kenya Universities Students Organisation (KUSO), accused the President of abandoning the youth agenda:

“President Ruto is always out of order. You’re talking about a church when the university funding model is collapsing. Lecturers are poorly paid, [money for the] Higher Education Loan Board (HELB) is insufficient, and some institutions lack even classrooms.”

For many young Kenyans, the emphasis on religion feels like a diversion from urgent economic reforms and job creation, deepening perceptions that the regime remains tone-deaf to its own power base. “He has clearly shown that he will not listen to the voice of the youth,” Saruni states.

Political paranoia

With two years until the next elections, political analysts see both initiatives as consolidation strategies by a regime shaken by recent unrest.

“This is political paranoia disguised as moral governance,” remarks Ogola. “The protests rattled the government. Now they’re trying to sanctify power at the centre and neutralise dissent in the streets. It’s spiritual warfare against democracy.”

If passed, the public order bill would grant the State sweeping power to regulate or ban demonstrations under the guise of public safety.