Former Chief Justice Willy Mutunga has voiced strong opposition to Nairobi Woman Representative Esther Passaris’ proposed Public Order (Amendment) Bill, which seeks to restrict protests within 100 metres from Parliament and other protected areas.
While responding to Passaris’s post on X, in which she was defending her proposed bill, Mutunga on Sunday, July 6, 2025, argued that Kenya does not need constitutional amendments but rather proper implementation of existing guarantees, especially those under Article 37, which enshrines the right to peaceful demonstrations.
He emphasised that, under Article 1 of the constitution, the protected areas belong to Kenyans.
“The Constitution is clear. We don’t need amendments, but the implementation of Article 37 of the Constitution. Under Article I, the so-called “protected areas” belong to We, the People of Kenya. The culture of “our” leaders is anti-people,” Mutunga stated.
Passaris on her bill
After facing backlash, Passaris on Saturday night, July 5, 2025, came out to defend her proposed bill that seeks to prohibit public gatherings from Parliament and other protected areas.
The lawmaker stated that she wants to prevent chaos and not to criminalise picketing as purported by some political quarters.
“My amendment does not seek to silence protest it seeks to organise it. It does not criminalise dissent; it provides boundaries to prevent chaos, injury, or the kind of tragic losses we continue to witness,” Passaris argued.
“The bill focuses on proximity to protected areas, not the content or purpose of any demonstration. It proposes that picketing near Parliament, Courts, and other vital state installations happen at a safe, coordinated distance. This mirrors global norms not suppression, but structure,” she added.
In addition, Passaris clarified that the proposed bill is open to more amendments.
“Let’s have the national dialogue we all crave: one where rights are upheld and responsibilities are clear. I remain open to refinement and engagement with civil society, legal minds, and fellow legislators,” she explained.
“I am not here to take away rights. I am here to protect Kenyans and ensure we have order when people exercise their freedoms.”
