Court suspends ban on anti-government protests in Nairobi

The High Court has suspended the directive by the acting Inspector General of Police Douglas Kanja prohibiting protests within Nairobi Central Business District.

Justice Bahati Mwamuye issued a conservatory order restraining Kanja or any other person serving with the National Police Service (NPS) from enforcing the directive.

Kanja had banned planned public demonstrations by Kenyan youths in Nairobi CBD and its environs.

The top cop's reason for banning was that the protesters lacked a designated leader to coordinate and cooperate with the police for a peaceful demonstration.

"The lack of designated leadership in previous demonstrations has made it difficult to enforce safety protocols. As a result, no demonstrations will be permitted in the Nairobi CBD and its surroundings until further notice to ensure public safety," Kanja stated in the contested directive.

The judge directed Kanja to circulate the orders of the court to all his officers through official communication immediately but not later than July 19, 2024.

The order was issued after an activist filed a petition seeking the suspension of Kanja's directive.

The petitioner, Emily Kinama, was directed to serve the Attorney General with the petition immediately. Kinama had filed the petition through lawyer Joshua Nyawa.

Mwamuye ordered Kanja to file in court evidence that he has complied with orders of the court, particularly communicating the orders of the court while responding to the application by Kinama in two days. The parties will be appearing in court on July 29 for further directions.

Kanja had said that while the constitution provides for the right, peaceful and unarmed, to assemble, to picket, demonstrate and to present petitions to public authorities, the constitution equally provides for the critical role the NPS plays in national security.

Kanja claimed that there is intelligence that organised criminal groups are planning to take advantage of the ongoing protests to execute their attacks including looting.

The anti-government demonstrations that were slated for Thursday by youths who want to push President William Ruto out of office were shielded but the youths have sustained an online campaign against the state leaders they accuse of being liars.