The High Court has issued a decisive ruling restraining Inspector General of Police Douglas Kanja from erecting roadblocks, barricades, or barbed wire within Nairobi’s Central Business District (CBD) during peaceful demonstrations. Justice Lawrence Mugambi issued the conservatory orders on Wednesday, following a petition filed by Katiba Institute.
The ruling came amid growing concern over the National Police Service’s approach to managing public protests. The court found that the blocking of streets and access points to the CBD without notice or legal justification constituted an unjustified limitation of constitutional rights — specifically the rights to peaceful assembly and freedom of movement, as outlined in Articles 37 and 39 of Kenya’s Constitution.
“Pending the hearing of the application, a conservatory order is hereby issued requiring the Inspector General of Police, or any officer under his command, to remove the barbed wires, barricades, and police blocks preventing citizens from accessing the CBD and its streets,” Justice Mugambi ruled, with the exception of reasonable and limited perimeters around protected areas.
Katiba Institute, through its lawyer Joshua Malidzo Nyawa, argued that the police had consistently violated court rulings and constitutional provisions by using excessive force and imposing barriers on protest days without public notice. The institute highlighted recent peaceful demonstrations against the Finance Bill 2024 as examples where the public’s rights were severely restricted.
The petition warned of the danger of Kenya becoming a “police barbed-wire state,” a situation reminiscent of past authoritarian eras where public dissent was suppressed.
“It is in the public interest that people be allowed to exercise their right to demonstrate peacefully and unarmed,” Katiba Institute stated. “The police should protect not intimidate protesters.”
The court’s intervention comes at a time when civic unrest and calls for accountability are intensifying. This ruling is seen as a significant step in safeguarding democratic freedoms and reinforcing the role of the police as protectors of the public, not enforcers of fear.
The matter will proceed to a full hearing as the High Court continues to examine the legality of police conduct during protests.
