Nairobi — The Inspector General of Police has defended the security measures implemented during the June 25, 2026, protests, telling the High Court that roadblocks and security checkpoints mounted across Nairobi were lawful operational responses to emerging security threats and did not amount to a violation of court orders.
In a replying affidavit filed in opposition to an application by the Katiba Institute seeking contempt proceedings, Nairobi Regional Police Commander Issa Mohammed Mohamud argues that the conservatory orders issued by the High Court in July 2025 did not impose a blanket prohibition on police roadblocks, checkpoints or traffic diversions.
The Assistant Inspector General maintains that the orders merely required the National Police Service to give advance public notice where road closures were pre-planned and structural in nature, particularly during demonstrations, in order to promote transparency and enable members of the public to plan accordingly.
According to the affidavit, the security measures deployed on June 25 were not directed by the Office of the Inspector General or conceived as part of a pre-arranged operational plan. Instead, the police say they were dynamic decisions taken independently by area commanders in response to rapidly evolving security developments on the ground.
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The affidavit further states that organizers of the June 25 demonstrations failed to issue the mandatory three-day notice to area police commanders as required under Section 5 of the Public Order Act, leaving officers to make operational decisions based on unfolding circumstances rather than prior coordination.
The Inspector General's office argues that any traffic disruptions experienced during the protests were incidental to the security response and not a calculated effort to obstruct peaceful assemblies.
Police further contend that demonstrators acting lawfully, as well as other members of the public, were allowed to move freely, with the temporary checkpoints established solely to identify and intercept individuals suspected of intending to engage in violence, vandalism or other criminal activity.
The affidavit also asserts that the checkpoints were lawful policing tools sanctioned under the National Police Service Act, the Public Order Act and the National Police Service Standing Orders. It argues that the measures neither constituted blanket road closures nor infringed upon the constitutional right to peaceful assembly.
The Inspector General has urged the court to dismiss the contempt application, describing it as speculative, legally untenable and an attempt to second-guess operational decisions made by officers in the field while responding to fluid and potentially volatile security situations.
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The police maintain that all actions taken on June 25 were consistent with their constitutional mandate to preserve public order and that they did not wilfully disobey the court's conservatory orders.
