MPs’ mixed reactions on Public Order law change

Lawmakers yesterday expressed mixed reactions over the Public Order (Amendment) Bill, 2025, which seeks to impose a two-year imprisonment or a fine not exceeding Ksh100,000 or both on individuals who carry weapons in public places when picketing.
The MPs who sit in National Assembly’s committee on Administration and Internal Security, chaired by Narok West MP, Gabriel Tongoyo although said the Bill, which also seeks to designate areas for holding demonstrations, will bring sanity in the country, there are concerns that it risks limiting freedoms as enshrined in the Article 37 of the Constitution.
Speaking when they met the sponsor of the Bill, Nairobi County Woman Representative Esther Passaris, the MPs proposed a raft of amendments to ensure that demonstrators’ rights are protected as well as the rights of other Kenyans during demonstrations.
“We must take lessons, and we must learn from what has been built in the past years as we try to sanitise the space. It should be done in an organised manner to ensure there is no destruction of property, invasion of government institutions and protected areas,” Tongoyo said.
The Bill also seeks to amend the Public Order Act to provide demarcation of assembly and demonstration zones, in which persons may hold public meetings and public processions.
Take two
The Bill comes just days after last week’s demonstrations to mark one year since last year’s anti-Finance Bill protests. Last week’s protests saw property worth millions of shillings destroyed across the country.
This is the second time that an MP is coming up with a Bill to regulate demonstrations after a similar one sponsored by then Mbeere North and now Public Service CS Geoffrey Ruku, who later withdrew it due to public pressure.
Passaris supported the Bill, saying it would go a long way in protecting the sanctity of the institutions that hold the country together, to avoid a situation where demonstrations are held, properties worth millions are destroyed, yet no one wants to take responsibility.
“We find ourselves in a dangerous space if this country gets itself into total anarchy. We have lost lives and will continue losing more. We need to do something,” she said.
Teso North Oku Kaunya said the Bill will go a long way in redefining some of the things that were previously not in law, especially the spaces where they should be held.
“This is an idea whose time has come. I think the best thing is to enrich it, this is an important amendment because where we are going is not safe… that anybody can go to State House, Parliament or even police stations. We need to contain demonstrations,” Mohammed Weyton, Mandera East MP, said.
Nyakach MP, Aduma Owuor, said there is a need to look into the matter soberly and also find a way of instilling values to the Gen Z other than condemning.
“I do not think that changing the public order will change anything; we must first address the realities. We need a relook into Article 37,” he said.
Kisumu County MP, Rosa Buyu, also said the Bill is seeking to regulate the expression of people.
“My issue is, when we designate areas for picketing, for example, decide that anybody who wants to demonstrate should go to an area that basically has no people… And then we send them to go and picket somewhere in a solitary area. Would you therefore be curtailing their freedom of expression to be heard?” she posed.