Passaris Protest Bill sparks uproar over threat to constitutional freedoms

Nairobi Women Representative Esther Passaris’ proposal to cordon protests to designated zones has been opposed by a slew of parliamentarians and politicians who cite the violation of constitutional rights.

Passaris had proposed a bill seeking to prohibit public gatherings from Parliament and other protected areas as well as demarcating areas of assembly and protest zones to prevent the destruction of property.

Speaking during an interview on Citizen TV’s Day Break program on Thursday, Migori Senator Eddy Oketch condemned the proposal, citing the violation of the constitutional rights of Kenyans.

“Let’s not allow anything that limits Article 37 and Article 1 of the Constitution”, said Oketch referring to Passaris’ proposed amendments to the Public Order Act, which he termed a violation of people’s rights to picket.

He also reiterated that the ODM party, which he and Passaris belong to, will not support the proposed amendments as it is the affairs of a private member of parliament and not by ODM.

Similarly, lawyer and Thirdway Alliance party leader Ekuru Aukot voiced his concerns about the amendment and the effects it has on the constitution.

“The argument is not valid. It is a claw-back to the provision of Article 37 of the Constitution and the will of the people”, said Aukot.

In the bill, anyone found within 100 meters of the protected areas faces a prison term not exceeding three months or part away with a fine not exceeding Ksh.100,000 or both.

In addition to cordoning off prohibited areas, the proposal vests the Interior Cabinet Secretary and county governments with powers to designate assembly and demonstration zones in various counties across Kenya.

Following the recent youth-led demos across the country, the leaders praised Gen Z and their demand for accountability and good governance, urging them to actively be involved in politics.

“We encourage the young people to come out strongly and contest for seats to be in Parliament and refuse to be captured so that they can hold the Executive to account”, stated Makueni Senator Dan Maanzo.