Nairobi Kenya — A High Court judge sitting at the Milimani Law Courts has suspended a police ban on protests within Nairobi's Central Business District and its surrounding areas.
Justice Bahati Mwamuye issued the directions on Thursday following an urgent application contesting an order by Acting Inspector General Douglas Kanja.
"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," the judge ordered.
Kanja declared a ban on protests in a statement on Wednesday citing the lack of a clear leader in the Gen Z-led protests, a situation he said had hampered police efforts to "enforce safety protocols".
While certifying the suit urgent, Justice Mwamuye directed the State to file its response by Tuesday, July 23, ahead of further directions on July 29.
The court directed the petitioners and applicants to serve the application to the Police Service by the close of business on Thursday, July 18.
Justice Mwamuye also ordered the Acting Inspector General of Police to circulate the order reversing the protest ban by Friday, July 19, and file evidence of the same alongside responses to the application.
"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," he said.
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Contested validity
The court will allow the applicants to file a rejoinder within two days of service.
The order follows a petition by Katiba Institute contesting the constitutionality of Kanja's directive.
Kanja had cited intelligence reports which he said indicated organized criminal groups were planning to exploit ongoing protests to carry out attacks and loot.
"We therefore appeal to all members of the public to remain vigilant in crowded areas and to support our collective safety and security by sharing any information that may aid the Police in crime detection and prevention," Kanja said.
While acknowledging that every Kenyan has the right to hold peaceful demonstrations, Kanja stressed that the police have a crucial duty to safeguard the country's national security.
Kanja noted that "criminals have infiltrated the protesting groups, leading to a troubling trend of disorderly and destructive conduct."
Initially sparked by the now-withdrawn Finance Bill 2024, the protests escalated into violent events, resulting in loss of life and widespread destruction.
Opportunistic goons disguised as protestors have looted businesses in various towns where the protests have occurred.
President William Ruto has however extended an olive branch to the predominantly Generation Z protestors, but they have remained resolute in their demands which include accountability and good governance.
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