The Kenya Human Rights Commission (KHRC) has voiced deep concern over recent legislative and executive actions by the government, warning that the moves may pose a serious threat to civil liberties and the constitutional principle of secularism.
In an exclusive interview with K24 Digital, Nelius Njuguna, legal advisor at the KHRC, critiqued proposed amendments to the Public Order Act, introduced by Nairobi Woman Representative Esther Passaris, and President William Ruto’s controversial plan to build a national prayer altar within State House grounds.
Passaris’s proposal seeks to tighten restrictions around public demonstrations, including a ban on protests within 100 meters of designated protected areas, and harsher penalties for those involved in unauthorised assemblies.
According to Njuguna, while maintaining public order is essential, the proposed law risks suppressing fundamental freedoms guaranteed in Kenya’s Constitution.
“While there is a need to maintain public order, the proposed bill has the potential of stifling the freedom of assembly and expression. Most of the time, destruction of property during demonstrations is caused by goons or, ironically, by the police themselves, who escalate violence,” she told K24 Digital on Sunday, July 6, 2025.
He warned that the proposed restrictions, particularly the buffer zone around key institutions, could silence citizens precisely when and where their protests are meant to have the most impact.
“Banning protests within 100 meters of protected areas disproportionately affects citizens who may need to protest near symbols of power. This undermines the purpose of picketing, to ensure visibility and publicity for a cause,” she said.
Constitutional concerns
Njuguna emphasised that the proposed amendments do not meet the standards for limiting rights under Article 24 of the Constitution.
“A limitation must be reasonable and justifiable in a democratic society. It must be necessary and proportional. This bill is neither,” she stated.
She argued that more effective and less intrusive alternatives exist, such as training police officers in peaceful crowd control and de-escalation tactics. Instead, the bill threatens to criminalise protest altogether.
“The threat of fines and imprisonment creates a chilling effect. It deters citizens from exercising their legitimate right to protest, a right enshrined in Article 37,” Njuguna explained.
The timing of the proposal, following weeks of anti-government protests largely led by youth, has led critics to question the government’s motives. Njuguna agrees with this assessment.
“The public perception that this is an attempt to stifle dissent is highly legitimate,” she said.
“Kenya has a history of using public order laws to restrict political expression. This looks less like a safety measure and more like a tool to suppress opposition.”
Constitutional collision
Njuguna also weighed in on President Ruto’s announcement of a planned national prayer altar at State House, describing it as a potential breach of Article 8 of the Constitution, which affirms Kenya as a secular state with no official religion.
“Building a national prayer altar in the State House, which is a symbol of national unity and state power, directly challenges the principle of secularism,” she said.
“The President is entitled to his faith, but using public land and potentially public funds for a Christian facility implies state endorsement of a specific religion.”
Such a move, he argued, could alienate non-Christian Kenyans and send the wrong message about religious neutrality in government.
“State House is a public institution representing all Kenyans, regardless of their religious affiliation. This initiative risks institutionalising religious favouritism,” Njuguna emphasised.
Taken together, the proposed protest restrictions and the State House church project raise broader questions about the governance style of the Ruto administration.
“These two developments suggest a shift toward a more controlling and less tolerant approach to dissent and pluralism. Kenyans should be deeply concerned about a creeping encroachment on civil liberties,” she said.
He warned that this could mark the beginning of a dangerous trajectory.
“This aligns with patterns seen in other democracies where civil liberties are gradually eroded under the guise of order or morality. It is crucial that we remain vigilant and actively defend the constitutional safeguards that protect these liberties,” he asserted.
