The proposed 2025 Public Order (Amendment) Bill, sponsored by Nairobi Woman Rep Esther Passaris and seeking to ban public gatherings within 100 metres of Parliament, courtrooms, and other protected areas, raises serious concerns about politicians allied to President William Ruto rushing to reverse Kenya’s democratic freedoms.

While the bill aims to regulate protests and enhance public order, its potential to stifle free expression and peaceful assembly cannot be overlooked.

Coming barely a year after then Mbeere North MP Geoffrey Ruku (now Public Service Cabinet Secretary) withdrew a similar bill due to public pressure, this clearly demonstrates the determination of powerful forces within the Kenya Kwanza administration to ban demonstrations.

Article 37 of the Constitution guarantees every citizen the right to assemble, demonstrate, picket, and petition the government.

But this bill proposes stringent restrictions on where and how these rights can be exercised.

By confining demonstrations to designated zones and imposing hefty fines or imprisonment for violations, the bill effectively criminalises protest near key government institutions, undermining the essence of democratic participation and public accountability.

The proposed penalties – fines up to Ksh100,000 or imprisonment for up to three months – are severe and disproportionate.

Such punitive measures could deter citizens from engaging in lawful protests, particularly those from marginalised communities already facing economic hardships.

The risk of criminalising dissent could create a chilling effect, where individuals refrain from exercising constitutional rights due to fear of legal repercussions.

Empowering the Interior Cabinet Secretary to designate protest zones in consultation with county governments introduces dangerous subjectivity to regulating public gatherings.

This provision opens doors for potential abuse, where authorities could designate protest zones in remote or inaccessible areas, effectively silencing opposition voices.

Such arbitrary designations could disproportionately affect citizens’ ability to express dissent, especially in urban centres where political engagement thrives.

Parliament must reject this bill and instead enact legislation that balances the need for public order with protecting citizens’ rights to free expression and peaceful assembly.