February 18, 2025

High Court suspends police move to ban protests in Nairobi CBD

High Court suspends police move to ban protests in Nairobi CBD

The High Court has suspended a decision taken by the National Police Service to ban demonstrations in Nairobi

The High Court has suspended a decision taken by the National Police Service to ban demonstrations in Nairobi.

The Milimani High Court on Thursday issued a conservatory order suspending a ban on protests in Nairobi and its environs which was instituted by the Acting Inspector General, Douglas Kanja.

In the court documents, Justice Bahati Mwamuye in issuing the temporary order certified the matter filed by Katiba Institute as urgent.

“Pending the inter-parties hearing of the Application dated 18/07/2024, a conservatory order beand is hereby issued restraining the Inspector-General of Police and all other persons serving within the National Police Service, or acting in support of the National Police Service in the discharge of its law enforcement functions, from applying or enforcing the Inspector-General of Police’s impugned decision dated 17/07/2024,” read the orders.

Within the orders the court also directed that the petitions serve the application to the Police service by the close of business on Thursday.

Further within the orders, the High Court directed that the Acting IG issue official communication to all the officers of the NPS and the general public on the suspension of the ban on a date no later than Friday July 19. 

“The Acting Inspector-General of Police shall circulate or cause to be circulated official communication of Orders 2 and 3 above to all Officers of the National Police Service, and separately and under his hand to the General Public, immediately after the 1st and 2nd Respondents have been served, but in any case no later than by end of day of 19/07/2024,” stated the judge. 

The judge issued the orders after Katiba argued that the acting IG abrogated to himself the sole privilege to determine when a right under the constitution can be enjoyed.

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“He has grabbed for himself the sole privilege of determining who does and does not enjoy the right to assemble, picket and protest under article 37 of the constitution,” Katiba argued.

“They have turned the police service into a cabal operating as if the constitution is a mere piece of paper. They have trampled upon the Bill of Rights and other constitutional provisions.”

Katiba told the judge that it is in the public interest that people be allowed to exercise their right to demonstrate peacefully and unarmed.

The police Katiba said should serve the people who assemble by protecting them and not using excessive force against them.

The petitioner was directed to serve the IG and AG with its application. Further directions will be issued on July 29.

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