The High Court has barred Inspector General of Police Douglas Kanja from erecting road blocks within Nairobi's Central Business District (CBD) during protests.
Justice Lawrence Mugambi issued the conservatory orders on Wednesday, following a petition filed by the Katiba Institute challenging police action that led to the closure of major roads and public spaces in the CBD during Saba Saba protests and the June 25 Gen Z anniversary demonstration. The Judge faulted the government for unilaterally blocking access to the Nairobi CBD without issuing prior notice to the public, terming the move disruptive and lacking in transparency. "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.
He issued the orders after Katiba Institute, represented by lawyer Joshua Malidzo Nyawa, argued that the police had resorted to excessive and arbitrary measures, infringing on constitutional rights such as freedom of movement, peaceful assembly, and access to public spaces.
The petitioner claimed that the blanket restrictions imposed by the police served to unlawfully suppress lawful protests and restrict civic space.
