High Court Overturns IG Kanja’s Ban on Protests in Nairobi
The High Court has nullified Inspector General of Police Douglas Kanja’s directive that banned demonstrations within the Nairobi Central Business District (CBD).
In a ruling delivered on Thursday, Justice Bahati Mwamuye declared that the directive issued in June last year was unconstitutional, making it unlawful.
IG Kanja had ordered a halt to protests within the Nairobi CBD, citing intelligence reports that warned of criminal groups planning to infiltrate the Gen Z protests.
“No demonstrations will be allowed in the Nairobi CBD or its surrounding areas until further notice to maintain public safety,” the directive read.
The police chief further claimed that authorities had credible intelligence indicating that organized criminal elements intended to exploit the protests to carry out attacks, including acts of looting.
However, the Katiba Institute, a constitutional rights lobby group, challenged the directive in court, arguing that the police boss had overstepped his legal authority by imposing a blanket ban on peaceful protests.
In a petition filed on July 18, 2024, the Katiba Institute asserted that the Bill of Rights guarantees all Kenyans fundamental freedoms, including the right to peaceful assembly, which should not be unlawfully restricted.
The institute contended that by issuing the directive, the Inspector General violated Article 37 of the Constitution, which explicitly grants citizens the right to assemble, protest, and picket.
According to the lobby group, Kanja unlawfully assumed powers that did not belong to him by dictating how and where people could exercise their rights within Nairobi CBD.
Justice Mwamuye had initially intervened by issuing a conservatory order suspending the Inspector General’s directive pending a full hearing of the case.
In his July 18 ruling, the judge instructed the petitioners to serve the Inspector General with the application, allowing him time to respond before the matter could proceed to a formal hearing and judgment.
He also directed Kanja to notify all police officers in Nairobi County about the court order and submit a response to the petition within seven days.
Meanwhile, in June and July last year, thousands of Kenyans across the country took to the streets to protest against the now-abandoned Finance Bill 2024.
The bill, which had been introduced in Parliament by the National Treasury, proposed a range of new tax measures that sparked widespread public outrage.
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