Kanja’s ban on anti-govt protests in Nairobi CBD quashed
Inspector-General of Police Douglas Kanja.
The High Court has invalidated the decision made by Inspector-General of Police Douglas Kanja to ban anti-government protests in Nairobi's Central Business District.
In the directive issued last year, he also demanded that demonstrators must have a designated leader.
However, Justice Bahati Mwamuye on Thursday said the press statement issued by police on July 17, 2024, banning public demonstrations was a blanket limitation of human rights, hence unconstitutional.
At the time the police boss introduced the ban, he justified it by asserting that the youth-led protests, which erupted in June 2024, had been infiltrated by criminal gangs and that lack of designated leadership had made it difficult for police to enforce safety protocols.
Mr Kanja had cited intelligence reports which reportedly indicated that organised criminal gangs were planning to exploit the mass protests to carry out attacks and loot shops.
“In keeping with our Constitutional role and in the interest of national security, we wish to inform the public that we have credible intelligence that organized criminal gangs are planning to take advantage of the ongoing protests to execute their attacks including looting,” said the IG.
'No requirement for designated leader in law'
But while allowing a petition filed by civil society group Katiba Institute, the constitutional court held that there is no requirement that protests must have a designated leader to cooperate with the police.
“A declaration be and is hereby issued that the proposed limitation on the right to protest was a blanket and omnibus one and does not meet the constitutional test. The Press statement issued by the police inspector-general was unconstitutional as it restricted the enjoyment of a constitutional right till further notice,” said Justice Mwamuye.
He further ruled that “the Press statement issued by the IG was unconstitutional to the extent that it imposed a mandatory pre-requirement that for the enjoyment of the right to protest, there must be a designated leader who should cooperate with the police during demonstrations”.
In its petition, Katiba Institute contested the validity of the IG’s decision to demand leadership in public demonstrations and banning the mass protests indefinitely.
The lobby told the court that it is in the public interest that people be allowed to exercise their right to peacefully and unarmed demonstrate, assemble and picket.
According to Katiba Institute, by introducing the ban, the IG had taken over the privilege of determining who does and does not enjoy the right to assemble, picket and protest under article 37 of the Constitution.
The group said the police had trampled upon the Bill of Rights.