As Kenyans marked 35 years since the historic Saba Saba protests, Nairobi Woman Representative Esther Passaris stepped back from her push to introduce a controversial law regulating public demonstrations.
The proposed legislation-The Public Order (Amendment) Bill 2025-would have restricted protests near key government buildings and introduced controlled “protest zones.” But with the country on edge and youth-led protests swelling across cities, Passaris has chosen to hit pause.
“This is an invitation to co-create legislation that safeguards constitutional freedoms while ensuring public order,” she posted on X (formerly Twitter) Monday morning.
The move follows growing criticism from civil society groups, opposition politicians, and religious leaders, including a public appeal from the National Council of Churches of Kenya (NCCK) urging the bill’s withdrawal.
A Sharp Turn After Public Pressure
Passaris, now says the country needs dialogue, not division.
“A just society is not built by force or fear,” she wrote. “It is my hope that this conversation will shift from confrontation to collaboration.”
The bill, still at the pre-publication stage, had drawn mixed reactions in Parliament. Supporters argued it aimed to protect property and lives during chaotic protests. But many saw it as a dangerous step backwards—especially in a country where the right to assemble is protected by the 2010 Constitution.
Balancing Freedom and Safety
The proposed law would have banned protests near Parliament and other “protected areas,” citing recent unrest that left businesses damaged and roads blocked. It also sought to map out official assembly zones, a move critics warned could stifle dissent.
In response to concerns from churches and human rights groups, Passaris urged religious leaders to take an active role in nurturing a new protest culture.
“Let us teach and encourage a culture of peaceful protest, lawful engagement, and respectful disagreement—values rooted in faith and democracy alike,” she said.
Remembering Saba Saba
The decision to suspend the Bill coincided with the Saba Saba Day, a solemn occasion that honours the 1990 protests that eventually led to the fall of Kenya’s one-party state. Protesters then demanded multiparty democracy, facing arrests, beatings, and even death.
Before the repeal of Section 2A of the Constitution, Kenya was effectively ruled under a single-party regime led by President Daniel arap Moi.
Roads into Nairobi’s city centre are heavily barricaded by police. Some motorists were forced to turn back, while pedestrians had to walk for kilometres to access the Central Business District.
A Step Back to Step Forward?
While Passaris has not scrapped the Bill entirely, her decision to delay the process may signal a broader political recalibration. With tensions high, and the youth more vocal than ever, public officials now face growing pressure to listen-and act-on the concerns of a generation determined to defend their space in Kenya’s democracy.
The debate over how best to balance public order and civil liberties continues. But for now, the most contested bill in Nairobi has been shelved.
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