Makueni Governor Mutula Kilonzo Jr has criticised the proposal of a Bill that could effectively change how demonstrations, particularly those in Nairobi, are conducted.
Through a statement released on Wednesday, July 2, the governor described the Bill that is being sponsored by Nairobi Women Representative Esther Passaris as ‘retrogressive.’
The Public Order (Amendment) Bill 2025 proposed changes to the existing Public Order Act (Cap. 56) by introducing restrictions on the locations of public meetings.
In the proposal by the Nairobi Woman Representative, no public meeting or procession would be allowed within a 100-metre radius of Parliament, courtrooms and protected areas designated under the Protected Areas Act.
“A person who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding Ksh100,000 or to imprisonment for a term not exceeding three months, or both,” the bill reads in part.
However, Kilonzo took issue with the bill's move to restrict protesters from accessing Parliament and other public spaces, invoking the Senate of Australia and the Bundestag, Germany’s Parliament, arguing they were not restricted to the public.
“Parliament and other public spaces are not hallowed grounds. In Australia, the Senate is under a park. In Germany, the roof of the Bundestag is a glass dome for the public to peep!” he posited.
The Bill also gives the Interior Cabinet Secretary the authority to designate demonstration zones after consultations with the county governments. This will entail prescribing areas where public processions are allowed, as well as areas where they are prohibited.
If Passaris' bill is passed, more stringent guardrails will be placed on demonstrations, as protesters would effectively be limited to certain areas, away from key state infrastructure.
As per the current provisions in Chapter 56 of the Public Order Act, public meetings and processions are regulated, with organisers required to notify police at least three days before the planned event.
Organisers of the event are also expected to share details of the date, location and time of the planned gathering, which is restricted to between 6am and 6pm.
The proposals come on the back of a wave of destruction of property and loss of lives that was witnessed during the June 25 demonstrations across the country, which were meant to remember the lives of those who succumbed a year earlier.
