The High Court has dealt a blow to the police's efforts to control crowds by issuing conservatory orders that bar the use of tear gas, water cannons or other crowd-control measures against peaceful protesters seeking medical attention in safe spaces.
In a ruling issued on Friday, June 27, Justice Bahati Mwamuye barred the police from attacking hospitals, ambulances, emergency medical centres and places of worship where protesters were seeking medical assistance during demonstrations.
This follows a petition filed by the Kenya Human Rights Commission (KHRC), who sought urgent intervention to protect the constitutional right to life, health and peaceful assembly. "A conservatory order be and is hereby issued restraining the 1st Respondent and all Officers and Personnel of the NPS and/or all Officers and Personnel of any other agency acting in concert with or assisting the NPS in the discharge of its law enforcement functions from disrupting access to, receipt of, or delivery of medical services by deploying teargas, pepper spray or similar chemicals, water cannon, crowd- control measures," the ruling reads in part.
Protesters during demonstrations held in the Nairobi CBD on Wednesday, June 25, 2025.
