MAKUENI, Kenya – Makueni Governor Mutula Kilonzo Jr has strongly criticised a proposed law seeking to restrict demonstrations near public institutions, branding it “retrogressive” and a threat to constitutional freedoms.
In a statement issued Wednesday, Mutula warned that the Public Order (Amendment) Bill, 2025, championed by Nairobi Woman Representative Esther Passaris, risks curtailing the public’s right to peaceful assembly, which is protected under Article 37 of the 2010 Constitution.
“The anti-demos bill is retrogressive. Parliament and other public spaces are not hallowed grounds,” Mutula said.
To support his argument, Mutula cited international models of transparency and public engagement, highlighting Australia and Germany as examples where governments deliberately maintain accessibility to national institutions.
“In Australia, the Senate is under a park. In Germany, the roof of the Bundestag is a glass dome for the public to peek,” he noted, underscoring the symbolic and practical value of open governance.
What’s in the Controversial Bill?
The Public Order (Amendment) Bill, 2025 seeks to revise the existing Public Order Act by introducing a 100-metre no-protest buffer around key institutions such as Parliament, courtrooms, and protected areas.
It would also empower the Cabinet Secretary for Interior to designate official protest zones in consultation with county governments.
Passaris has defended the proposed law as a necessary move to balance public safety with civil liberties.
“Rights must be exercised peacefully and unarmed. There is a need to ensure that the rights of other individuals are not prejudiced,” Passaris said.
The Bill also introduces new penalties: violators could face fines of up to Ksh100,000, three months’ imprisonment, or both.
A Shrinking Civic Space?
The proposed amendment comes in the wake of mass youth-led anti-government protests, prompting fears among civil society groups and opposition leaders that the state is attempting to shrink civic space and suppress dissent through legislation.
Currently, the law requires organisers of protests to notify police at least three days in advance, detailing time, venue, and the names of organisers.
The new amendment expands these requirements by restricting protest locations and granting more discretion to the state.
Governor Mutula’s remarks add to a growing chorus of critics, including human rights defenders, lawyers, and opposition legislators, who argue that the Bill is an attempt to undermine the spirit of the Constitution.
