Kenya: High Court Suspends Police Ban on Protests

The High Court of Kenya has issued a conservatory order suspending the National Police Service’s ban on protests organized by Kenyan youths, particularly Gen Z. This ban, which was enforced by Acting Inspector General of Police Douglas Kanja, has now been put on hold.

Justice Bahati Mwamuye of the Milimani High Court emphasized the urgency of the matter and ordered that the application challenging the ban be heard as a priority.

“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,” stated part of the ruling. The ruling specifically addresses the prohibition of any and all demonstrations within Nairobi’s Central Business District (CBD) and surrounding areas.

The court’s decision restrains Acting IG Kanja and other members of the National Police Service from enforcing the ban until the matter is fully heard.

This move follows a petition by Katiba Institute against the State Law Office. The petition arose after the police banned planned protests in Nairobi’s CBD, citing security concerns and previous disruptions.

Acting IG Kanja had justified the suspension, pointing to the significant losses, injuries, fatalities, and destruction of property and businesses that accompanied the protests since they began in June. He also mentioned credible intelligence indicating that criminal groups were planning to exploit the protests for looting and other unlawful activities.

Kanja highlighted the absence of designated leadership within the Gen Z protests, which he argued made it difficult to enforce safety protocols effectively.

The court has directed IG Kanja to ensure that the official communication of the court orders is circulated to all NPS officers and the general public by the end of the day on 19/07/2024.

This ruling marks a significant win for Kenyan youths advocating for their right to protest and express their grievances publicly. The hearing of the application will proceed with urgency, ensuring that the voices of the young protesters are considered in the judicial process.