LSK Raises Alarm Over Proposed Public Order Amendments, Citing Threat to Constitutional Freedoms

Nairobi, Kenya – The Law Society of Kenya (LSK) has issued a strong warning against proposed amendments to the Public Order Act, championed by Nairobi Woman Representative Esther Passaris, saying the changes would significantly erode the constitutional right to peaceful assembly.

In a firm statement released to the press, LSK said the proposals risk rolling back hard-won civil liberties by imposing unnecessary restrictions on public demonstrations and gatherings. “These amendments are not just a legislative overreach; they pose a direct threat to the freedoms enshrined in Article 37 of the Constitution,” LSK President Faith Odhiambo stated.

Passaris’ proposed changes aim to tighten regulations around public gatherings, citing public safety concerns and the need to control disorder during protests. However, LSK contends that the amendments lean dangerously toward criminalising dissent and empowering the government to silence opposition under the guise of security.

“The Constitution guarantees every Kenyan the right to peacefully assemble, demonstrate, picket, and petition public authorities without fear of retaliation. We must guard these freedoms, not dilute them,” Odhiambo said.

Civil society groups have echoed LSK’s stance, warning that the bill could be weaponised to clamp down on activism, public outrage, and civic movements — particularly in politically charged periods.

LSK is now calling on Members of Parliament to reject the proposed changes, urging a more balanced approach that safeguards both public order and fundamental rights. The society has also hinted at a potential court challenge should the amendments proceed.

“This is not just a legal issue; it’s a democratic one,” Odhiambo concluded. “Kenya’s constitutional spirit must never be sacrificed at the altar of political convenience.”