Nairobi Woman Representative Esther Passaris has suspended the pre-publication of the contested Public Order (Amendment) Bill, 2025, following widespread criticism and increasing pressure from civil society over its potential impact on constitutional freedoms, particularly the right to peaceful assembly.

In a statement issued Monday, Passaris said the decision was influenced by ongoing national reflection as the country commemorates Saba Saba, a day historically linked to the struggle for democracy and civil liberties.

She acknowledged calls from various sectors, including religious leaders, urging a pause to allow for broader public input.

“As Kenya commemorates Saba Saba, a day rooted in our struggle for democracy and justice, I wish to respond to the call by the National Council of Churches of Kenya (NCCK) and other voices of conscience. I have decided to pause the pre-publication process of the Public Order (Amendment) Bill, 2025, to allow for national dialogue and wide public engagement,” she said.

“This is an invitation to co-create legislation that safeguards constitutional freedoms while ensuring public order.”

Passaris praised the NCCK for what she described as a principled stance in defending civil liberties and encouraged religious institutions to actively nurture democratic values.

“I also challenge our religious institutions to raise the moral bar of public discourse. Let us teach and encourage a culture of peaceful protest, lawful engagement, and respectful disagreement, values rooted in faith and democracy alike,” she said.

“A just society is not built by force or fear, but by accountability on all sides, from citizens to state officers. It is my hope that this conversation will shift from confrontation to collaboration.”

As the debate around public protest and civil rights intensifies, Passaris called for a collective approach to preserving democratic ideals.

“As we honour the spirit of Saba Saba, let us move forward not in anger, but in shared accountability; each of us doing our part to secure Kenya’s promise of prosperity. God bless Kenya. God bless her people,” she added.

The proposed amendment to the Public Order Act (Cap. 56) sought to redefine public gatherings and introduce new limits on where protests could take place, including a ban on demonstrations within 100 metres of key government institutions such as Parliament, State House, and courts.

It also proposed giving the Interior Cabinet Secretary, in consultation with county authorities, the power to designate specific protest zones and restrict demonstrations in other areas.

“A person who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding Sh100,000 or to imprisonment for a term not exceeding three months, or both,” the draft law reads.

Appearing before the Administration and Internal Security Committee last week, Passaris defended the Bill, arguing that recent violent protests, including arson and looting on June 25, made it necessary to establish clearer rules.

“The aim is to protect lives and reduce violence,” she said, explaining that the legislation was intended to prevent loss of life and property damage during demonstrations.

However, civil rights organisations, legal analysts, and activists have criticised the Bill as a threat to rights protected under Article 37 of the Constitution, which guarantees every Kenyan the right “peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.”

Opponents have likened the proposed changes to the Assemblies and Demonstrations Bill of 2024, which was rejected for placing excessive limits on freedoms.

Critics argue that the current legal framework already provides sufficient safeguards, including the requirement for protest organisers to notify the police at least three days in advance, disclose routes, and ensure the demonstration is peaceful and held between 6am and 6pm.

They maintain that the problem lies in enforcement, not legislation. While laws exist to regulate demonstrations, peaceful protestors often face police violence, arbitrary arrests, and even abductions—actions rights groups say are becoming more frequent.

Many believe the timing of the Bill targets protesters mobilising against corruption, poor governance, and rising authoritarianism. There are also concerns that unrest during protests is sometimes triggered by infiltrators linked to political interests.

Legal experts point to Article 24 of the Constitution, which says any limitation on rights must be reasonable and justifiable in a democratic society. They also cite international standards which affirm that peaceful assembly includes demonstrations that may cause disruption or public discomfort.

The National Police Service Standing Orders instruct officers to use minimal force and uphold human rights when managing public gatherings, reinforcing the idea that the right to protest is not only legal but protected.

With the Bill now paused, the focus turns to what shape future consultations will take—and whether Kenya can balance order with freedom in its democratic journey.