Irungu Nyakera Decries Public Order Bill as Authoritarian Assault on Constitutional Freedoms

By John Kariuki

Incoming Nairobi Governor Irungu Nyakera has delivered a searing critique of the newly proposed Public Order Amendment Bill 2025, condemning it as a draconian legislative overreach designed to eviscerate Kenya’s hard-won civil liberties and criminalize public dissent.

In a statement that has since gone viral, Nyakera likened the bill sponsored by Nairobi Woman Representative Esther Passaris to a repackaged version of a 2019 amendment proposed by Ruiru MP Simon King’ara. That earlier attempt to impose punitive fines and personal liability on protest organizers was overwhelmingly rejected by civil society, legal scholars, and the general public for its oppressive and unconstitutional nature.

We have seen this madness before Nyakera warned, adding that history cannot afford to repeat itself under the guise of state control. He described the current proposal as even more pernicious, effectively amounting to a legislative gag order that seeks to outlaw spontaneous civic action and shield public institutions from accountability.

The bill proposes KSh 1 million fines, three month jail terms, and the prohibition of demonstrations outside designated zones. It even bars protests near Parliament, courts, and police stations which are ironically the very places where citizens are meant to demand justice and transparency.

Nyakera, a vocal advocate for constitutionalism and democratic space, lamented the bill’s Orwellian tendencies, arguing that it is emblematic of a regime veering dangerously toward authoritarianism. This is not governance. It is an orchestrated suppression of public conscience he said. We are witnessing the weaponization of legislation to extinguish the last embers of civic freedom.

He further rebuked Parliament for what he described as its subservience to the executive, urging lawmakers to resist being coopted into becoming enablers of tyranny. To legislate fear is to legislate failure Nyakera cautioned. This House must act as a bulwark for democracy, not an accomplice to repression.

Echoing the sentiments of constitutional defenders across the country, Nyakera called on Kenyans to reject the bill in totality, framing it as a dagger aimed at the heart of participatory democracy. His impassioned intervention has added significant weight to the opposition, coming at a time when national anxiety over shrinking civic space is reaching fever pitch.

The controversial legislation continues to polarize debate in and out of Parliament, with civil society organizations warning that its passage could mark a chilling precedent in Kenya’s legislative history.