A Nairobi High Court has issued conservatory orders barring police officers from deploying teargas or other chemical agents against individuals seeking refuge in closed or semi-closed spaces during protests. This directive, issued on June 27, 2025, follows a legal petition challenging the actions of the police during recent demonstrations.
The court ruling specifically restricts the Inspector General of Police and all officers under the National Police Service, as well as any other agents assisting them, from using teargas, pepper spray, water cannons, or other disruptive crowd-control measures on unarmed and peaceful protestors who have taken shelter in enclosed areas such as vehicles, churches, mosques, or spaces with limited ventilation and exit points.
Additionally, the court has stopped the police from interfering with access to medical services during protests. The order covers both civilians seeking medical help and medical professionals offering treatment or transporting patients. This includes temporary medical units, ambulances, and healthcare facilities operating during times of civil unrest.
The court’s directive comes in response to a petition filed on June 26, 2025, by the Kenya Human Rights Commission. The petition seeks judicial intervention following reports of police deploying teargas at key sanctuaries during protests, including a medical unit at Jamia Mosque on June 25, 2025, and the All Saints Cathedral on June 25, 2024. The petition terms these actions illegal and unconstitutional, calling for a formal declaration to that effect, along with a prohibition against future occurrences.
Justice Bahati Mwamuye, in issuing the conservatory orders, emphasized the need to protect the rights of peaceful demonstrators and those providing or accessing humanitarian services during times of unrest. The matter is set to proceed with the highlighting of written submissions on August 11, 2025, in an open court session.
