‘We have not banned demonstrations,’ Acting IG Kanja now says after court ruling

Acting Inspector General of Police Douglas Kanja has responded to a High Court ruling that suspended the supposed ban on demonstrations within the Nairobi Central Business District (CBD).

Kanja, in a statement released on Friday evening, acknowledged the court ruling and noted that police service will adhere to the rights of citizens to engage in peaceful protests as enshrined in Article 37 of the Constitution.

He went ahead to note that the notice issued on Wednesday regarding the ban was based on credible intelligence of threats to the public during the demonstrations.

While thanking the public for not engaging in planned demos on Thursday, the acting police boss further stated that the protests were not actually banned, per se, in the first place.

“We appreciate the public's cooperation in adhering to the advisory and refraining from holding demonstrations within the Central Business District and surrounding areas.

It is important to clarify that we have not banned public demonstrations,” stated Kanja.

“The nature of public demonstrations is dynamic, and intelligence regarding everyone's safety and security is evolving and will continue to inform our planning and guidelines.”

Kanja also urged protest organizers withinthe foreseeable future to issue notices to police at least three days prior to enable safeguarding of businesses and critical infrastructure from opportunistic criminal activities.

“We remind the public that, in accordance with Section 5(3)(a) and (c) of the Public Order Act, any individual who intends to organise a public gathering or procession must notify the Officer Commanding Station (OCS) in charge of the area in writing at least three days but no more than fourteen days prior,” he said.

“The application should specify the full names and physical address of the organiser, as well as the proposed site of the public meeting or the proposed route in the case of a public procession.”

Justice Bahati Mwamuye on Thursday afternoon suspended the police ban on demos pending the hearing and determination of a petition filed by the Katiba Institute.

Katiba Institute argued 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.