Aasai

Makueni Governor Mutula Kilonzo Jr has voiced strong opposition to a newly proposed bill that seeks to limit public protests near key government institutions. The bill, fronted by Nairobi Woman Representative Esther Passaris, aims to amend the Public Order Act, Cap. 56, by creating boundaries within which demonstrations and public gatherings would be prohibited. This includes a 100-metre radius from Parliament, protected areas under the Protected Areas Act, and courtrooms.

Mutula termed the proposed bill as backward and a threat to democratic freedoms. In a public statement issued on Wednesday, July 2, 2025, he argued that such spaces are meant for the people and should remain accessible. According to him, countries like Australia and Germany offer examples of transparency and openness, where parliamentary buildings are constructed with the public in mind. He cited how Germany’s Bundestag has a glass dome that allows citizens to view proceedings, emphasizing that public institutions should not be treated as sacred or untouchable spaces.

The bill outlines stringent penalties for those who violate the proposed restrictions. If passed, individuals found protesting within restricted zones could face a fine of up to KSh 100,000 or serve up to three months in jail, or both. This provision has sparked concern among human rights defenders and civil society groups who believe it targets the right to peaceful assembly, especially in politically sensitive periods.

Another controversial aspect of the bill is the expanded authority it gives the Cabinet Secretary in charge of internal security. The CS would have the power to designate official zones for demonstrations, following consultation with respective county governments. Critics argue that this could lead to abuse of power, with the CS potentially manipulating zones to suppress dissent or silence voices critical of the government.

The existing Chapter 56 of the Public Order Act already regulates public gatherings, requiring organizers to notify local police at least three days before any planned meeting or procession. It also demands specific details about the event, including the names and addresses of organizers, dates, times (restricted to between 6 a.m. and 6 p.m.), and the precise location. Furthermore, current laws provide that participants in an unlawful assembly can be arrested and charged under the Penal Code, with possible imprisonment.

The proposed amendment comes in the wake of heightened national tension, especially among the youth, who have recently threatened to storm the State House. This was during the June 25, 2025, commemorative protests for victims of last year’s anti-government demonstrations, during which protestors managed to breach Parliament. In response, the government beefed up security by erecting razor wire around Parliament to prevent access during demonstrations.

Kilonzo’s criticism reflects a broader public debate about the balance between national security and civil liberties. While the bill may be intended to protect government institutions from threats, many see it as an attempt to shrink civic space and limit citizens’ constitutional rights. The pushback from leaders like Kilonzo is expected to fuel further public discourse on the future of freedom of assembly in Kenya.