The Milimani High Court has issued a conservatory order suspending a ban on protests in Nairobi and its environs, a ban that was instituted by Acting Inspector General Douglas Kanja.
This decision, delivered on Thursday afternoon, temporarily halts the prohibition pending the outcome of a petition filed earlier in the day.
Court documents obtained by politics.254.com reveal that the Katiba Institute filed the petition against the State Law Office under a certificate of urgency.
The court’s order explicitly restrains the Inspector-General of Police and all personnel within the National Police Service (NPS) from enforcing the ban.
“Pending the inter-parties hearing of the Application dated 18/07/2024, a conservatory order be and is hereby issued restraining the Inspector-General of Police and all other persons serving within the National Police Service, or acting in support of the National Police Service in the discharge of its law enforcement functions, from applying or enforcing the Inspector-General of Police’s impugned decision dated 17/07/2024,” read the court orders.
The court also mandated that the petitioners serve the application to the police by the end of business on Thursday, July 18. The State Law Office, named as respondents in the case, has until July 24 to file their responses.
Furthermore, the High Court instructed the Acting Inspector-General to disseminate official communication regarding the suspension to all officers of the NPS and to the public by the close of business on Friday, July 19.
The judge stated, “The Acting Inspector-General of Police shall circulate or cause to be circulated official communication of Orders 2 and 3 above to all Officers of the National Police Service, and separately and under his hand to the General Public, immediately after the 1st and 2nd Respondents have been served, but in any case no later than by end of day of 19/07/2024.”
Further directions on the case are set for Monday, July 29, at 9:00 A.M, when both parties will present themselves in court.
The petition was filed just hours after the Police Service announced the ban on planned protests within Nairobi’s Central Business District (CBD) on Wednesday evening.
Acting IG Kanja justified the ban, citing credible intelligence indicating that organized criminal groups intended to exploit the protests to carry out crimes, including looting businesses.
Kanja also expressed the challenges faced by the police in maintaining security due to the leaderless nature of the protests. This court order now suspends his decision, allowing protests to proceed while legal proceedings continue.
