The High Court has struck down the decision by Inspector-General of Police Douglas Kanja to ban anti-government protests in Nairobi’s Central Business District, declaring it unconstitutional.
The court also overturned the requirement that protests must have a designated leader, calling it an unlawful restriction on fundamental rights.
The ban, introduced in response to youth-led protests that erupted in June 2024, had been justified by Kanja on the grounds that criminal gangs had infiltrated the demonstrations.
He argued that the lack of a designated leader made it challenging for police to enforce safety measures and protect public order. Kanja further cited intelligence reports suggesting that organised criminal gangs were planning to exploit the protests for violent acts, including looting.
“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 organised criminal gangs are planning to take advantage of the ongoing protests to execute their attacks including looting,” said Kanja in his directive.
However, Katiba Institute, a civil society group, challenged the ban, arguing that it violated citizens’ constitutional right to protest. The court sided with the petitioners, ruling that the police had no legal authority to impose such blanket restrictions on the right to assemble.
Justice Bahati Mwamuye declared, “A declaration be and is hereby issued that the proposed limitation on the right to protest was a blanket and omnibus one and does not meet the constitutional test. The Press statement issued by the police inspector-general was unconstitutional as it restricted the enjoyment of a constitutional right till further notice.”
The ruling also condemned the IG’s demand for a designated leader, labelling it an unconstitutional pre-condition for exercising the right to protest. Katiba Institute argued that by introducing the ban, Kanja had effectively taken control of who may and may not exercise the right to assemble, picket, and protest under Article 37 of the Constitution, thus violating the Bill of Rights.
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