Orange Democratic Movement (ODM) party Communications Director Philip Etale has weighed in on the controversial bill proposed by Nairobi Woman Representative Esther Passaris, which seeks to restrict protesters from accessing public offices such as Parliament by imposing a 100-metre buffer zone.
Taking to his official X account on the night of Wednesday, July 2, 2025, Etale firmly opposed the idea, arguing that it runs contrary to Article 37 of the Constitution, which guarantees every Kenyan the right to assemble, demonstrate, picket, and present petitions to public authorities.
“Any idea to restrict protestors 100 metres away from public offices like Parliament will be going against the provisions of Article 37 of the constitution,” Etale stated.
Raila’s proposal
Instead, he threw his support behind a more collaborative approach proposed by ODM party leader Raila Odinga.
The proposal advocates for a structured demonstration process whereby organisers notify the police of their intention to protest, after which the police engage them in planning the logistics of the event, including designated routes, areas for petition delivery, speech locations, and end times.
“The best way is to adopt Hon. @RailaOdinga’s proposal whereby organisers give notice to police of their intention to demonstrate, then the police invite them for a meeting to set the route for maandamano, which streets to use, which offices to deliver their petitions to, where to address fellow protestors and the time to end the demonstration. This will create synergy between the police and the protesters,” Etale argued.
Passaris’ Bill
Passaris is sponsoring a new Bill that aims to prohibit public gatherings and protests near Parliament and other protected areas that are considered vital to Kenya’s constitutional order.
The Public Order (Amendment) Bill, 2025, seeks to amend the Public Order Act (Cap. 56) to introduce new rules about where Kenyans can hold demonstrations and public processions.
“A person shall not hold a public meeting or public procession within a radius of one hundred metres from the precincts of Parliament, protected areas under the Protected Areas Act, and courtrooms,” the proposal read in parts.
Anyone found breaking this law would be guilty of an offence and “shall, on conviction, be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding three months or to both.”
