Kenyan Court Suspends Ban Placed On Street Protest By Police

The High Court of Kenya has issued a conservatory order suspending the National Police Service’s prohibition on protests by Kenyan youths (Gen Z), which was issued by Acting Inspector General of Police (IG) Douglas Kanja.

Justice Bahati Mwamuye of the Milimani High Court on Thursday ordered the application which is seeking to oppose the ban on protests be certified as urgent, adding that it shall be heard on a priority basis.

“Pending the inter-parties hearing of the application dated 18/07/2024, a conservatory order be and is hereby issued suspending the National Police Service’s decision carried in the Press Release dated 17/07/2024 that was titled “PLANNED PUBLIC DEMONSTRATIONS BY KENYAN YOUTHS ON JULY 18, 2024 and which was signed by the Acting Inspector-General of Police, Mr. Douglas Kanja Kirocho CBS, OGW, in terms of its prohibition of any and all demonstrations within the Nairobi Central Business and its surrounding areas,” part of the ruling read.

The judge issued a conservatory order restraining the acting IG from applying or enforcing his impugned decision dated 17th July 2024.

This also applies to all other persons serving within the National Police Service (NPS) or acting in support of the NPS in the discharge of its law enforcement functions.

According to the ruling, this order will apply pending the inter-parties hearing of the application dated July 18.

The judge also directed for IG Kanja to circulate or cause to be circulated the official communication of the orders to all NPS officers.

“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; and the respondents shall file in court evidence of the same alongside or within their response to the application,” the ruling adds.

This order came following a petition by Katiba Institute, the applicant against State Law Office who moved to court after NPS banned planned protests in Nairobi Central Business District (CBD) and its environs until further notice.

Acting IG Douglas Kanja in a statement on Wednesday cited security concerns and previous disruptions as the main reason for suspension.

He highlighted that since the public demonstrations by Kenyan Gen Zs began in June this year, the country has experienced enormous loses, people have been injured, lives lost, property and businesses destroyed, and livelihoods lost.

“Criminals have continued to infiltrate the protesting groups, resulting in a troubling trend of disorderly and destructive conduct. In keeping with our Constitutional role and in the interest of national security, we wish to inform the public that we have credible intelligence that organized criminal groups are planning to take advantage of the ongoing protests to execute their attacks including looting,” the acting IG said.

Kanja said lack of designated leadership within the Gen Z in previous demonstrations made it difficult to enforce safety protocols.

As a result, the acting IG said that no demonstrations will be permitted in the Nairobi CBD and its surroundings until further notice to ensure public safety.