The High Court has delivered a major setback to the police by stopping them from using teargas, water cannons, and other forceful methods against peaceful demonstrators who are seeking medical help in designated safe areas.
In a ruling made on Friday, June 27, Justice Bahati Mwamuye gave conservatory orders that strictly prohibit the police from attacking hospitals, ambulances, emergency medical centres, and even places of worship that offer medical care to injured protesters during demonstrations.
This ruling came after the Kenya Human Rights Commission (KHRC) filed a petition calling for urgent protection of the rights to life, health, and peaceful protest, which are protected under Kenya’s Constitution.
“A conservatory order is hereby granted to restrain the 1st Respondent and all officers and personnel of the National Police Service (NPS), as well as any other agency working with or helping the NPS, from using teargas, pepper spray, water cannons, or any crowd-control tools that could block access to, or disrupt the delivery of, medical services,” part of the court order reads.
The court further emphasized that police should not use teargas or other similar chemicals in enclosed spaces such as vehicles, buildings, or any areas with poor ventilation where protesters might be hiding or seeking safety.
This is to prevent further injuries or deaths caused by exposure to such chemicals in confined spaces.
Justice Mwamuye’s ruling also provides protection for medical workers and patients, after it was raised that these individuals had been attacked while giving or receiving treatment.
The court made it clear that once demonstrators have entered vehicles or enclosed areas to escape danger, they should not be subjected to any further police action involving harmful crowd control substances.
KHRC, in their petition, claimed that during the protests on Wednesday, June 25, police officers had invaded spaces set up to treat injured protesters.
At around 2:00 PM that day, officers reportedly launched tear gas into a medical response camp at Jamia Mosque in Nairobi, injuring both patients and medical personnel.
According to KHRC, this was not an isolated incident. They mentioned that police also fired teargas into hospitals and churches during the same day’s protests, including Nairobi’s All Saints Cathedral, which had sheltered several injured demonstrators.
The human rights group further accused the police of blocking key roads leading to Kenyatta National Hospital, which is one of the main hospitals that was receiving large numbers of injured protesters.
KHRC argued that this appeared to be a deliberate plan to increase the suffering of those injured and in need of urgent medical care.
Welcoming the court’s ruling, KHRC said it was an important and timely decision that would help safeguard the lives and well-being of peaceful protesters during times of unrest.
They praised the court for acting quickly to defend constitutional rights and prevent further violations by law enforcement.
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