Makueni Governor Mutula Kilonzo Jr has strongly opposed the proposed Public Order (Amendment) Bill, 2025, terming it retrogressive and a threat to Kenya’s democratic space. The bill, sponsored by Nairobi Woman Representative Esther Passaris, seeks to impose a 100-metre no-protest zone around key government institutions, including Parliament and court buildings.
Speaking on Wednesday, Governor Mutula emphasized that public institutions should remain accessible to citizens and not be shielded from peaceful protest or civic engagement.
“The anti-demos bill is retrogressive. Parliament and other public spaces are not hallowed grounds,” Mutula said. He drew on global examples to support his argument, highlighting how democratic societies promote transparency and inclusion. “In Australia, the Senate is under a park. In Germany, the roof of the Bundestag is a glass dome for the public to peek,” he remarked, noting the symbolism of such openness in governance.
The proposed legislation aims to amend the current Public Order Act by giving the Interior Cabinet Secretary the power to designate specific zones for demonstrations, in consultation with county governments. It also introduces stiffer penalties for those who violate the new restrictions — including a fine of up to Sh100,000 or imprisonment for up to three months.
Passaris defended the bill, saying its purpose is to ensure public safety and protect national institutions. “Rights must be exercised peacefully and unarmed. There is a need to ensure that the rights of other individuals are not prejudiced,” she said.
However, critics argue that the bill infringes on Article 37 of the 2010 Constitution, which guarantees the right to peaceful assembly, demonstration, and picketing. Civil society actors and opposition leaders have also expressed concern that the bill could be used to suppress dissent and weaken citizen oversight of government.
As public debate intensifies, Mutula’s criticism underscores growing concerns about shrinking civic space in Kenya. He urged legislators to uphold democratic principles and resist attempts to erode constitutional freedoms under the guise of security and order.
