Esther Passaris pauses Protest Bill, calls for national dialogue

Nairobi Woman Representative Esther Passaris has announced she is pausing the controversial Public Order (Amendment) Bill 2025, following growing pressure from civil society and faith-based organisations.

The announcement came on Monday, July 7, 2025, as the country marked Saba Saba Day, a symbol of Kenya’s long fight for democracy and civil liberties.

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The bill, which Passaris introduced to Parliament on July 1, aimed to restrict public protests near key government buildings such as Parliament and State House. It also proposed designated protest zones and penalties for demonstrators carrying weapons.

While Passaris defended the bill as a way to ensure order and safety, it was met with heavy backlash from both the public and lawmakers, with critics accusing her of attempting to silence dissent and violate the constitutional right to protest.

“PAUSING THE PUBLIC ORDER (AMENDMENT) BILL 2025. A Time for Reflection and Responsibility,” Passaris wrote in a statement posted on her official X account on July 7, 2025.

“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.”

“This is an invitation to co-create legislation that safeguards constitutional freedoms while ensuring public order. I thank NCCK for its bold stance in defending civil liberties, but 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. 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 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.”

Support grows for pause

Passaris’ decision was welcomed by several groups, including the National Council of Churches of Kenya, which had called for the withdrawal of the bill, citing concerns over human rights and constitutional freedoms.

The Public Order (Amendment) Bill 2025 had triggered a wave of criticism from opposition politicians, legal experts, and youth activists, who argued that it targeted Gen Z protesters and sought to weaken Article 37 of the Constitution, which protects the right to assemble, demonstrate, and picket.

Kenya’s struggle over how to manage protests is not unique. Countries like the United Kingdom and Australia have also introduced tough laws against disruptive demonstrations. In the UK, the Public Order Act 2023 sparked controversy for granting broad police powers and criminalising protest tactics. In New South Wales, Australia, laws were introduced in 2022 to punish road-blocking climate protesters, leading to lawsuits from human rights groups.

In Kenya, this debate now turns to public dialogue. Passaris has opened the door to further discussion, and it remains to be seen whether any new version of the bill will be brought forward in future.