High Court bars police from using bullets, teargas and arresting protestors

Malindi High Court has barred the National Police Service (NPS) from using water cannons, tear gas, and live ammunition against peaceful protesters.

The court also directed that the police stop using bullets and other draconian measures to quell demonstrations, which entered their second week on Thursday, June 27.

During the sitting held on Friday, June 28, police were further ordered to cease unnecessary arrests, abductions, detentions, harassment, intimidation, torture, and any cruel or degrading treatment of peaceful protesters.

At the same time, the police overseeing the protests will not deploy brute force or any form of violence or commit any extrajudicial killings, according to the court.

The order was issued on Friday, following a petition filed by former Azimio leader Raila Odinga's chief agent, Saitabao Ole Kanchory, who had sought the court's intervention following the recent nationwide Anti-Finance Bill demonstrations that claimed lives and saw hundreds of protesters incur injuries.

In his petition, Kanchory sued Interior Cabinet Secretary Kithure Kindiki, Attorney General Justin Muturi and Inspector General of Police, Japhet Koome.

Heavy police presence in Nairobi CBD during the Thursday, June 27, 2024, Anti-Finance Bill, protests (Photo: Hafsa Hassan)

When issuing the orders, the High Court prohibited the police from engaging in the mentioned acts until it hears and decides on the petition filed before it.

"That pending inter partes hearing and determination of this application, the 1st and 2nd Respondents be and are hereby prohibited from committing any extrajudicial killings," read part of the court order.

"The 1st and 2nd Respondents be and are hereby prohibited from arrests, abductions, detentions, harassment, intimidation, torture, and cruel, inhuman, and degrading treatment of persons protesting against the Finance Bill, 2024,” it read further.

This week, Kenya has witnessed two major protests, Occupy Parliament on Tuesday and anti-government demos on Thursday, which left some dead and others nursing critical injuries.

From the chaos, the Police Reforms Working Group (PRWG) reported that at least 53 people had died in Nairobi alone. It detailed that 23 of these deaths occurred during the day and another 30 at night in the Githurai area. The PRWG also noted that 53 people were arrested and over 17 abducted in Nairobi.

"In Githurai alone, police shot and killed at least 30 innocent people at night. At least 100 more are nursing gunshot wounds," the PRWG stated.

President William Ruto declined to assent to the bill on Wednesday, saying that he heard the cry of citizens who were urging him to act.

“Having reflected on the continuing conversation around the content of the Finance Bill 2024, and listening keenly to the people of Kenya, who have said loudly they don’t want anything to do with this Finance Bill 2024.

"I concede and therefore I will not sign the 2024 Finance Bill and it shall subsequently be withdrawn and I have agreed with these members that this becomes our collective position,” Ruto said.

Later in the evening, the Head of State formally communicated to the National Assembly to delete all clauses of the Finance Bill, 2024.

"In exercise of the powers conferred to me by Article 115(1)(b) of the Constitution, and having reservations on the content of the Bill in its entirety, I decline to assent to the Finance Bill, 2024, and refer the bill for reconsideration by the National Assembly with the recommendation for deletion of the clauses thereof," reads the memorandum in part.

On Thursday, Speaker of the National Assembly Moses Wetang’ula referred President Ruto’s Memorandum on the Finance Bill to the Departmental Committee on Finance and National Planning.

In a notification, Wetang’ula said the Committee is required to expeditiously commence consideration of the President's Memorandum, its reservations, and recommendations and report to the House at the next regular sitting upon its resumption.

“I hereby refer the President's Memorandum of Referral in respect of the Finance Bill (National Assembly Bill No. 30 of 2024) to the Departmental Committee on Finance and National Planning,” reads the notification in part.

A police officer walks after using tear gas to disperse protesters during a demonstration over police killings of people protesting against Kenya's proposed finance bill 2024/2025, in Nairobi, Kenya, on June 27, 2024. (Photo: REUTERS)