The High Court in Kenya has delivered a landmark ruling that places crucial limitations on police powers during public demonstrations. In a direct challenge to the security apparatus, Justice Lawrence Mugambi has issued conservatory orders barring Inspector General of Police Douglas Kanja from erecting arbitrary roadblocks within Nairobi’s Central Business District (CBD) during protests.
This pivotal decision, handed down on Wednesday, comes in response to a compelling petition filed by the Katiba Institute. The petition vehemently challenged the National Police Service's actions, which had led to the widespread closure of major roads and public spaces within the CBD during the recent Saba Saba protests and the impactful June 25 Gen Z anniversary demonstration. These events saw considerable disruption, prompting a legal challenge against the methods employed by law enforcement.
Justice Mugambi’s ruling was unequivocal in its condemnation of the government’s approach. He specifically faulted the authorities for unilaterally blocking access to the Nairobi CBD without issuing prior notice to the public. The Judge characterized this unilateral action as both disruptive and profoundly lacking in transparency, underscoring the importance of clear communication and public awareness, especially when measures impact daily life so significantly.
The essence of the conservatory order is clear and direct: “Pending the hearing of the application, a conservatory order is hereby issued restraining the 1st Respondent, the Inspector General of the National Police Service Kanja, or any officer under his command, from mounting barricades or blocking roads that prevent citizens from accessing the Central Business District, without issuing a timely advisory or public notice prior to such emergency measures,” Justice Mugambi ruled. This directive effectively demands a shift from arbitrary, unannounced closures to a more transparent and legally compliant approach.
Katiba Institute, represented by the diligent lawyer Joshua Malidzo Nyawa, mounted a robust argument emphasizing that the police had resorted to excessive and arbitrary measures. These actions, they contended, directly infringed upon fundamental constitutional rights, including the freedom of movement, the right to peaceful assembly, and the essential right to access public spaces. The petitioner asserted that the blanket restrictions imposed by the police served an unlawful purpose: to suppress legitimate protests and unduly restrict vital civic space, rather than merely maintaining order.
Malidzo further elucidated the devastating real-world impact of these police actions on the court. He highlighted how the unannounced blocking of major roads had severely disrupted daily life for countless citizens, causing significant delays in emergency services, leading to the adjournment of crucial court proceedings, and preventing workers and the general public from accessing critical areas within the city. "In recent days, security agencies under the instruction of the IG Kanja have cordoned off large portions of Nairobi’s CBD, bringing business and public transport to a halt,” Nyawa stated emphatically. He concluded by asserting that “these actions are not only unconstitutional but also harmful to the economy,” drawing a direct link between arbitrary police conduct and economic detriment.
