Kaluma: Passaris’s Protest Bill has no future in parliament
By Aloys Michael, July 7, 2025Homa Bay Town Member of Parliament, Peter Kaluma, has raised concerns about the necessity of the Public Order (Amendment) Bill, 2025, proposed by Nairobi Woman Representative Esther Passaris, questioning its relevance and potential implications on constitutional rights.
In a statement on his X account on Monday, July 7, 2025, Kaluma remarked, “Why are we discussing a dead legislative proposal, brother?” His comment reflects scepticism regarding the bill’s viability and the timing of its introduction.
The bill seeks to regulate public protests by prohibiting demonstrations within 100 meters of key government institutions, including Parliament, State House, and the Judiciary. It also grants the Interior Cabinet Secretary and county governments the authority to designate demonstration zones. Violations could result in fines up to Ksh100,000 or imprisonment for up to three months.
While Passaris defends the bill as a measure to ensure order during protests and protect public property, Kaluma has expressed reservations. He emphasised the importance of distinguishing between issues that warrant public demonstrations and those that can be addressed through legal petitions.
“That law should also define what matters we should assemble, do you need to petition? For instance, what we were dealing with last Wednesday, they wanted compensation for the children we lost last year during the demonstrations. Is that a matter of petition in court or a matter of demonstration?” Kaluma posed.
The bill has sparked mixed reactions among lawmakers and the public. Supporters argue that it is necessary to prevent violence and maintain public order, especially in light of recent demonstrations that have turned confrontational.
However, critics, including constitutional experts and opposition leaders, warn that it may infringe upon the right to peaceful assembly guaranteed under Article 37 of the Kenyan Constitution.
Passaris Bill
Nairobi Woman Representative Esther Passaris has defended her proposed legislation, saying it will protect lives and property during demonstrations while preserving the right to protest.
It also grants the Interior Cabinet Secretary and county governments authority to designate demonstration zones.
“Because of the love I have for Kenya, I have brought this bill to protect our country from violence while still allowing Kenyans to protest peacefully,” Passaris noted during an event in Nakuru on Thursday, July 3, 2025.
Passaris criticised those accusing her of undermining rights, insisting her focus is on safety and constitutional order.
“I am not here to take away rights. I am here to protect Kenyans and ensure we have order when people exercise their freedoms,” she explained.