Judiciary sets record straight on police barricades during protests

The Court did not bar the Inspector General of Police from barricading roads; it only required him to issue a timely advisory/notice prior to the emergency barricading to allow members of the public to plan their activities accordingly, the judiciary clarified on Thursday.

"The Judiciary notes misreporting in various media outlets on a ruling issued yesterday, July 9, 2025, on the above captioned matter by the High Court at Milimani and wishes to clarify as follows: the order consequently issued by the High Court did not bar the Inspector General of Police from barricading roads. It only required him to issue a timely advisory/notice prior to the emergency barricading to allow citizens/members of the public to plan their activities accordingly," Judiciary Spokesperson Paul Ndemo said in a statement.

On Wednesday, news agencies reported that the court had outlawed police barricades during protests.

The orders were criticised by President William Ruto, who expressed dissatisfaction with the court's directive, questioning how police are expected to protect lives and property without essential tools and operational freedom.

"I have seen that today, someone in court has said that the Inspector General of Police should not block roads, should not use tear gas, should not use water cannons to protect the lives of other Kenyans. The one saying so, in his case, has police who protect and drive him," Ruto said moments after the ruling.

Katiba Institute filed a matter lamenting the inconvenience caused by the blocking of public roads by the police without prior notice to the public on July 7, 2025.

The institute argued that these actions violated constitutional rights, specifically Articles 37 and 39, which guarantee freedom of assembly and freedom of movement.

It contended that the unannounced restrictions imposed by police unlawfully suppressed lawful protests and curtailed civic action.

"For avoidance of doubt, when Katiba Institute sued the State through the State Law Office, the court directed that physical service be effected within three days upon the State Law Office (the respondent) and the respondent was given three days to file a response," the Judiciary said.

The Judiciary further explained that though an affidavit was filed stating that the respondent was served but no response was filed, and the respondent did not attend court.

"The High Court then issued a ruling under the hand of Hon Justice Lawrence Mugambi stating as follows: That pending the hearing and determination of this application, a conservatory order is hereby issued restraining the first respondent ie (Inspector General of Police) or any other officer subordinate to him from mounting barricades, police road blocks that block entry of members of the public from accessing the Central Business District within Nairobi County or streets within the Central Business District or any other public road without issuing a timely advisory/notice prior to the emergency barricading of roads to allow the Citizens/members of the public to plan their activities accordingly," the statement adds.

Interior CS Kipchumba Murkomen later apologised for the barricades and extra security measures, saying, though inconveniencing Kenyans, they were meant to protect critical infrastructure within the CBD and its environs, ensuring minimal damage during the Saba Saba protests.

"Those Kenyans inconvenienced as a result of this situation, poleni sana, we wanted you and your property to be safe," he said.

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