The High Court in Nairobi on Friday ordered the police not to throw teargas or water into hospitals, churches or closed places, including vehicles.
Justice Bahati Mwamuye issued the orders in a case filed by the Kenya Human Rights Commission (KHRC) against the Inspector General of Police and the Attorney General. The Judge directed that the police or anyone assisting them to quell protests should not use teargas, water cannon on any protestors who have sought refuge in closed places, churches or hospitals until the case filed on Friday is heard and determined. He also barred the police from firing tear gas or using water cannons in areas where people will scramble to leave or have limited ventilation. " Pending the inter partes hearing and determination of the petitioner or applicant's notice of motion application dated June 26,2025, a conservatory order be and is hereby issued restraining the first respondent and all officers and personnel of the National Police Service and or all officers and personnel of any other agency acting in concert with or assisting the National Police Service in the discharge of its law enforcement functions from deploying teargas or similar chemicals, water cannon, or other crowd-control measures against unarmed and peaceful persons assembling, demonstrating, picketing, and or petitioning public authorities who have thereafter entered into or taken shelter in vehicles, closed or semi-closed spaces, or areas with limited ventilation or limited avenues of safe and orderly exit," ruled Justice Mwamuye.
In the case, KHRC's lawyer Schola Munyao said that the police cordoned off roads leading to the Nairobi and Kenyatta National Hospitals, hurled tear gas canisters and fired live bullets towards the protestors, leading to chaos, injuries and even deaths.
She claimed that it was absurd that the police were using teargas on a health facility located near the Jamia Mosque, where they were also being rushed after being injured. "In a bizarre and most unexpected and unfathomable twist of events, the Is Respondent's officers at around 2 p.m.
