Nairobi Woman Representative Esther Passaris has paused the pre-publication process of the contentious Public Order (Amendment) Bill, 2025, which seeks to regulate public protests and designate protected zones around key government institutions.
Announcing the decision on Monday via social media, Passaris said the move would allow space for national dialogue and public engagement. “This is an invitation to co-create legislation that safeguards constitutional freedoms while ensuring public order,” she posted. “A just society is not built by force or fear, but by accountability on all sides from citizens to state officers.”
Her decision follows growing pressure from civil society and religious institutions, notably the National Council of Churches of Kenya (NCCK), which called for the withdrawal of the Bill ahead of the planned Saba Saba demonstrations.
The proposed legislation had sparked widespread concern. It sought to prohibit protests near Parliament and other designated protected areas, while introducing protest zones aimed at minimizing the destruction of property. Critics, including several MPs and human rights defenders, condemned the Bill, arguing it undermines the constitutional right to peaceful assembly.
While some leaders supported the proposal citing public safety, a majority viewed it as an attempt to curtail civil liberties, especially during a period of heightened political activism.
Passaris, however, defended the need for dialogue on how to balance order and freedom. She urged faith-based institutions to actively champion peaceful civic expression. “Let us teach and encourage a culture of peaceful protest, lawful engagement, and respectful disagreement — values rooted in faith and democracy alike,” she stated.
The announcement came as security agencies sealed off roads into Nairobi’s central business district on Monday, ahead of the commemorative Saba Saba protests. Motorists were turned back, while pedestrians were forced to walk long distances into the city center.
Saba Saba, observed on July 7, marks the 1990 protests that catalyzed Kenya’s transition to multiparty democracy. It led to the repeal of Section 2A of the Constitution, ending the one-party rule under the KANU regime of the late President Daniel arap Moi.
Passaris’ retreat is seen as a victory for civil society and a possible opening for more inclusive policymaking in the future.
