High Court suspends police decision to ban protests in Nairobi CBD

The Inspector General of Police on Wednesday evening announced a ban on protests within Nairobi for an unspecified period of time, stating that the protests that began in June have led to not only massive destruction of property but also loss of lives following the infiltration by criminal elements.

However, Justice Bahati Mwamuye on Thursday afternoon suspended the decision pending the hearing and determination of a petition filed by the Katiba Institute challenging the ban on the protests.

"Pending the inter-partes hearing of the Application dated 18/07/2024, a conservatory order be and is hereby issued suspending the National Police Service’s decision carried in the Press Release dated 17/07/2024 that was titled “PLANNED PUBLIC DEMONSTRATIONS BY KENYAN YOUTHS ON JULY 18, 2024” and which was signed by the Acting Inspector-General of Police, Mr. Douglas Kanja Kirocho in terms of its prohibition of any and all demonstrations within the Nairobi Central Business and its surrounding areas," Justice Mwamuye ordered.

The court also barred the Inspector-General of Police and all other persons serving within the National Police Service, or acting in support of the National Police Service from applying or enforcing the ban announced on Wednesday.

"The Petitioner/Applicant shall serve the Application and the Petition by close of business today,18/07/2024," added the Judge.

In its petition, the Katiba Institute argues that 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.