The High Court has barred the Inspector General of Police, Douglas Kanja, from installing roadblocks in the Central Business District (CBD) of Nairobi.
Justice Lawrence Mugambi, through conservatory orders on Wednesday, restrained the IG from suspending Articles 37 and 39 of the Constitution by restricting protests.
“Pending the hearing of the application, a conservatory order is issued restraining the 1st respondent, the Inspector General of the National Police Service, or any officer subordinate to him, from suspending Articles 37 and 39 of the Constitution by cancelling, disrupting, or interfering in any way with the right to assemble, protest, or picket while peaceful and unarmed.”
This followed a petition filed by the Katiba Institute through lawyer Joshua Malidzo Nyawa, which argued that the roadblocks witnessed on July 7th and June 25th disrupted Kenyans’ daily lives as there was no prior notice given.
Mr. Malidzo argued that the Inspector General, through his juniors and agents, had unlawfully limited Articles 37 and 39 of the Constitution.
Citing last year’s June 25th protests where the High Court overturned a notice by the IG banning protests in the CBD, Malidzo contended that the IG had circumvented the decision by failing to issue any notice this time. He further stated that the IG had effectively banned protests in the CBD by barricading entry roads.
“Undeterred by these decisions, today the respondents seek to circumvent this decision. They have not issued a notice but have effectively banned protests in the Central Business District by blocking the roads into and within the area. Article 47 of the Constitution safeguards the right to fair administrative action and requires that the respondent issue a notice and reasons for their actions,” the petition stated.
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He further noted that although Kenyans desire a human rights state where enjoyment of rights is the norm, the IG aims to establish a militarized society by installing barricades without prior notice.
Justice Lawrence Mugambi faulted the police for erecting barricades and blockades without notice, calling the move disruptive and unconscionable.
“Pending the hearing of the application, a conservatory order is issued requiring the 1st respondent, the Inspector General of the National Police Service, or any officer, to remove the barbed wires, barricades, and police blocks blocking citizens from accessing the Central Business District and streets within the Central Business District, except for a reasonable and limited perimeter around protected areas.”
Justice Mugambi directed the petitioner to file and serve written submissions within 14 days. He ordered IG Kanja and Attorney General Dorcas Oduor to file responses to the lawsuit within seven days.
The matter will be mentioned on October 2, 2025, for further directions.
– By Anthony Mwangi
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