The Law Society of Kenya has criticised proposed amendments to the Public Order Act, warning that they are aimed at weakening constitutional rights and limiting civic space under the guise of order and safety.

Speaking during an interview on Citizen TV, LSK President Faith Odhiambo dismissed the proposals by Nairobi Woman Representative Esther Passaris as a narrow and misguided attempt to limit Article 37 of the Constitution, which protects the right to peaceful assembly, demonstration, and freedom of expression. She said such moves would be firmly resisted.

“These are just attempts to strangle constitutional rights under Article 37. You cannot limit guaranteed rights by statute, it’s a narrow and misguided approach,” she said.

The proposed changes include stricter conditions on public protests, such as limiting venues, tightening notification periods, and expanding police authority to shut down protests considered illegal.

Odhiambo said such measures do not address the root cause of protests and only serve to close down avenues for public expression.

“If the state is uncomfortable with street protests, then it must create alternative, inclusive platforms, especially for young people, to express themselves,” she said.
“Protest does not have to be physical anymore. Technology has enabled different forms of dissent.”

She highlighted the rise of online mobilisation, particularly by young people on platforms such as X, as a shift in how citizens engage with issues affecting them. Odhiambo urged leaders to recognise these new forms of protest instead of resorting to legal suppression.

Odhiambo also criticised a pattern of government attempts to control dissent, referencing past instances where police directives on protests were nullified by courts.

“We saw the former Inspector General issue directives restricting protests, only for courts to nullify them. Now there’s a shift to legislation, clutching at straws. This is clearly an attempt to test how far they can push,” she said.

She stated that the Law Society will be closely watching the legislative process and will take legal action against any laws that restrict fundamental rights. She also recalled LSK’s past opposition to similar efforts, including a previous bill by current Public Service Cabinet Secretary Geoffrey Ruku.

“If the new proposals are draconian in nature, we will challenge them in court. That is non-negotiable,” she said.

Odhiambo said the government was increasingly targeting civil society and professional bodies by painting them as enemies whenever they raise concerns, a tactic she warned is meant to silence critical voices.

“Instead of addressing public concerns, they’re trying to brand civil society and even the LSK as enemies of the state. It’s an unfortunate narrative meant to distract from the real issues,” she said.

She reaffirmed that the Law Society would always act in defence of the Constitution and not be swayed by political interests.

“Regardless of who occupies the presidency of LSK or who is in government, our duty is to the Constitution and the people,” she said.
“We will not be intimidated into silence.”

Odhiambo urged Parliament, the Judiciary, and other state organs to stand firm in upholding democratic values, especially at a time when Kenyans are using peaceful means to demand accountability.