NAIROBI — Public protests outside Parliament could soon be outlawed if a new Bill by Nairobi Woman Representative Esther Passaris is passed.
The Public Order (Amendment) Bill, 2025 seeks to ban gatherings within 100 metres of Parliament buildings, courtrooms, and areas classified as “protected” under existing law.
Ms Passaris says the proposal is meant to tighten security and bring order to demonstrations, particularly those that disrupt business or put public safety at risk.
“You cannot have people protesting right outside Parliament and expect order,” she said during a recent committee briefing. “There must be clear boundaries.”
If passed, anyone found violating the proposed rule could face a fine of up to KSh 100,000, three months in jail, or both.
The Bill also gives power to the Interior Cabinet Secretary, in collaboration with county governments, to declare where protests can or cannot be held. These areas would be formally marked and regulated in advance.
The proposal comes just weeks after a wave of Gen Z-led anti-finance protests swept Nairobi and other cities, catching the government off guard. While mostly peaceful, the protests led to road closures and heightened police presence near Parliament and key government offices.
Critics say the Bill may be aimed at curbing dissent, especially as young people continue to mobilise on social media and take to the streets.
“This is a direct attack on our right to protest,” said Samuel Njoroge, a student leader and activist. “We are not storming buildings we’re just making our voices heard.”
However, government officials maintain that the goal is not to silence citizens but to protect crucial state institutions from chaos.
Under the current Public Order Act (Cap. 56), organisers of any protest or public meeting must give police at least three days’ notice, including names, contact details, location, and time. Gatherings are only permitted between 6 a.m. and 6 p.m.
The law already provides penalties for unlawful assemblies. Still, Passaris argues that the law needs to go further to reflect “the reality of the digital age,” where flash mobs and spontaneous gatherings can occur without warning.
Legal experts are split. Some say the move could help streamline protest management, while others warn it could set a dangerous precedent for restricting civil liberties.
The Bill is expected to go through its first reading in Parliament this week, with fierce debate likely on both sides of the aisle.
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