Blow to government as court declines to stop protests in Nairobi
Protesters during anti-government demonstrations on Kimathi Street in Nairobi on 16 July 16, 2024.
Kenyans in Nairobi are free to assemble and picket after the High Court suspended a directive by acting Inspector General of Police Douglas Kanja banning anti-government demos.
High Court judge Bahati Mwamuye said no police officer should act on the directive issued by Mr Kanja on July 17, pending the hearing of the petition filed by Katiba Institute.
In the notice, Mr Kanja prohibited all demonstrations within the Nairobi city centre and its environs until further notice, to ensure public safety.
Mr Kanja said criminals had infiltrated the protesting groups, resulting in a troubling trend of disorderly and destructive conduct.
“Pending the inter-partes hearing of the Application dated 18/07/2024, a conservatory order be and 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,” said the judge.
The lobby group rushed to court arguing that the statement was against the public interest.
“The 1st Respondent (Mr Kanja) has thus neutered the citizen’s rights in Article 37 of the Constitution. 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,” Ms Emily Kinama said in an affidavit.
Katiba Institute said Mr Kanja has abrogated to himself the sole privilege to determine when a right under the constitution can be enjoyed with the language of ‘until further notice’.
The lobby said the Bill of Rights applies to all laws and binds all State organs and all persons, entitling every person to enjoy the rights and fundamental freedoms to the greatest extent.
The judge directed the lobby group to serve the petition on the Inspector General of Police and the Attorney General by close of business today.
The court further directed Mr Kanja to circulate the order to all police officers and file the evidence in court, alongside their response to the application.
Kenyans have been assembling and demonstrating in various parts of the country protesting since last month over the current state of affairs in the country.
“It is in the public interest that people be allowed to exercise their right to demonstrate peacefully and unarmed and that the police serve the people who assemble by protecting them and not using excessive force against them,” Ms Kinama said.
