Ruto criticizes Justice Mugambi’s ruling on Nairobi CBD roadblocks during protests

In a dismissive tone, the President questioned the logic behind the ruling by Justice Lawrence Mugambi, stating it fails to address the real danger and undermines efforts to protect life and property.

Presidential anger has now shifted from protesters to the courts. President Ruto openly criticized a ruling by Justice Lawrence Mugambi, which declared recent police blockades around Nairobi City unconstitutional including the setting up of roadblocks and the use of force to deter protesters.

"Nimeona ati leo ato kuna mtu kortini amesema Inspector General of Police asiweke roadblock, ati asitumie water cannon, asitumie teargas kulinda mali na maisha ya Wakenya wengine," the head of state said.

"Huyo anasema hivyo, lakini yeye mwenyewe anachungwa na polisi... gari yake inaongozwa na askari. Alafu anasema mali ya wananchi wengine haina maana." 

The court found that on Monday, July 7, police roadblocks and barricades across the CBD infringed on Kenyans’ rights to movement, assembly, and protest rights protected under Articles 37 and 39 of the Constitution.

The case was filed by the Katiba Institute, which argued that the police actions on Saba Saba amounted to an unlawful suspension of fundamental rights under Article 23 of the Constitution by setting up roadblocks on major routes into the CBD, effectively shutting down access.

In his ruling, Justice Lawrence Mugambi stated, “The barbed wires, barricades and police blocks blocking citizens from accessing the Central Business District and its streets must be removed, save for a reasonable and limited perimeter around protected areas.

While police claimed the measures were meant to control Saba Saba protests, the court termed the response excessive and unjustified. But President Ruto insists the Judiciary is out of touch with the reality on the ground.

"There is a reason why there is a roadblock. There is a reason why police have tear gas. There is a reason why water cannons are there; they are supposed to protect the lives and property of Kenyans when they are in danger."

Justice Mugambi also ordered the immediate removal of all barbed wire, barricades, and roadblocks deemed to be illegally restricting access to the CBD.