Court orders Sh2.2 million payout as Nairobi protest ban declared illegal
At the centre of the dispute was a press statement issued by Bungei on June 18, 2024, in which he declared that protests and public gatherings would not be allowed within the city center.
A High Court ruling has found the Nairobi police's ban on protests in the city's central business district unlawful, awarding Sh2.2 million to a group of demonstrators who had challenged the decision in court.
The case was brought before the High Court by eleven individuals who had taken part in the anti-tax protests held in 2024.
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Represented by Pareno Solonka of Solonka & Solonka Advocates LLP, they sued the Attorney General, the Inspector General of Police, and former Nairobi Police Commander Adamson Bungei.
At the centre of the dispute was a press statement issued by Bungei on June 18, 2024, in which he declared that protests and public gatherings would not be allowed within the city centre.
In a strongly worded judgment, Justice Bahati Mwamuye on Wednesday said the police had gone beyond their legal powers and violated several constitutional rights.
The court found the protest ban to be in breach of key freedoms, including the right to peaceful assembly, expression, dignity, and protection from unfair arrest.
The judge ruled that peaceful protests are a core part of any democracy and condemned the police’s response to the demonstrations.
Each of the eleven petitioners was awarded Sh200,000 in compensation for the harm they suffered, adding up to Sh2.2 million in total.
The petitioners claimed that police officers used force during the peaceful march, beating demonstrators with batons, firing teargas, and using water cannons.
"The Respondents beat, clobbered, maimed and tortured persons participating in the peaceful march, and in the process also treated them in a cruel, inhuman or degrading manner," they told the court.
They further stated that police used live ammunition against unarmed protesters and arrested them without giving any explanation.
They argued that these arrests were made under direct orders from the Inspector General and Bungei and that they were denied the right to speak to a lawyer or contact anyone.
"Despite the 3rd Respondent being fully cognizant of the intended peaceful march, he issued an arbitrary, illegal and unconstitutional press release to Media Newsrooms stating that he had banned any demonstration. This resulted in police officers engaging in the use of excessive and disproportionate use of force against persons participating in the peaceful march," they added.
In their plea, the petitioners asked the court to hold the police accountable and to grant them damages for the violation of their constitutional rights.
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