High Court bars police from using water cannons, tear gas, bullets against protesters
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Protestors react to exploding tear gas canisters launched by anti-riot police along Moi avenue during demonstrations called after a nationwide deadly protest against a controversial now-withdrawn tax bill left over 20 dead in downtown Nairobi, on June 27, 2024. (Photo by Tony KARUMBA / AFP)
This follows a petition filed by Saitabao Ole Kanchory where Justice Mugure Thande also prohibited the use of brute force or any form of violence against protestors.
"I find the petitioner has demonstrated that the petition is arguable and not frivolous. Second, she has demonstrated that it is in the public interest that the orders sought are granted," ruled Justice Thande.
Similarly, the court has issued an order stopping the police from committing any extrajudicial killings, arrests, abductions, detentions, harassment, intimidation, torture, or cruel, inhuman, and degrading treatment of persons protesting against the Finance Bill.
In the petition, Kanchory argues that the police have resorted to arbitrary arrests and illegal abductions of protesters, as well as intimidation and harassment.
According to him, the police have been violating their right to liberty and their freedom from torture.
"The 1st and 2nd Respondents have deployed the Directorate of Criminal Investigations (DCI) to harass and intimidate perceived leaders of the Gen Z," reads court documents.
He further claims that Gen Z, being youth, are members of a vulnerable group requiring special protection under Articles 20 and 21 of the Constitution.
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