Esther Passaris pushes for new law to block protesters from protected areas including Parliament

Members of Parliament are moving swiftly to enact a law aimed at shielding themselves and other institutions from future public demonstrations.

In a proposed amendment to the Public Order Act (Cap 56), Nairobi County Woman Representative Esther Passaris is seeking to bar demonstrators from assembling within 100 meters of protected areas, including Parliament. Her proposal seeks to establish clearly demarcated assembly and demonstration zones in which public meetings and processions may take place, in line with Article 37 of the Constitution.

Passaris is also pushing for amendments to Section 2 of the Public Order Act to redefine the terms "public meeting" and "public procession." Additionally, she proposes including definitions for "capital city," "city," "urban area," and "assembly and demonstration zone."

“The proposed Section 5B prohibits holding a public meeting or procession within a 100-meter radius of the precincts of Parliament, as described under the Parliamentary Powers and Privileges Act, protected areas under the Protected Areas Act, and buildings housing courtrooms,” Passaris said. Violation of this provision would be considered an offense, punishable by a fine not exceeding Ksh.100,000, imprisonment for up to three months, or both.

Appearing before the National Assembly’s Security and Administration Committee, Passaris defended her proposal, stating it is not intended to infringe on freedom of expression but to ensure demonstrations are conducted in an orderly manner.

“Order is not the enemy of democracy, but its foundation. I urge the committee to support this bill—not for the government, not for Parliament, but for Kenya,” she said.
“When I thought about this law, my intention was to protect the sanctity of the institutions that hold us together,” she added.

However, the proposal divided the committee. Some members raised concerns about its implications for civil liberties.

Kisumu County Woman Representative Rosa Buyu questioned the potential impact on the right to be heard, noting that protests often occur when citizens feel unheard and need to publicly express discontent.

“My issue is, if we designate protest zones in places with no people—remote areas—and tell demonstrators to go there and shout themselves hoarse, are we not undermining their freedom of expression?” she asked.

Nyakach MP Aduma Awour warned against passing laws in reaction to the recent Gen-Z-led protests, urging his colleagues to address the root causes of public dissatisfaction instead.

“For peace to prevail, justice must be seen to be done. We need to approach this matter soberly. Where there is injustice, people will naturally feel contempt,” he said.

“Let us not act out of emotion and pass laws that can’t be implemented. If you say no one should come near Parliament and they show up in their thousands, what will you do—shoot them all?” he posed.