Victory For Kenyan Youths As Court Rules Against Police Ban On Protests

A Kenya High Court has issued an interim order halting the National Police Service’s ban imposed by the Acting Inspector General of Police (IG), Douglas Kanja on protests embarked upon by the youths.

Justice Bahati Mwamuye of the Milimani High Court on Thursday ordered that the application seeking to oppose the ban on protests be certified as urgent, adding that it shall be heard on a priority basis.

The ruling read in parts, “Pending the inter-parties hearing of the application dated 18/07/2024, a conservatory order be and is hereby issued suspending the National Police Service’s decision carried in the Press Release dated 17/07/2024 that was titled, “Planned Public Demonstrations By Kenyan Youths On July 18, 2024 and which was signed by the Acting Inspector-General of Police, Mr. Douglas Kanja Kirocho CBS, OGW, in terms of its prohibition of any and all demonstrations within the Nairobi Central Business and its surrounding areas.”
The judge issued a conservatory order restraining the Acting IG from applying or enforcing his impugned decision dated 17th July 2024.

This order came following a petition by Katiba Institute, the applicant against the State Law Office, who went to court after NPS banned planned protests in Nairobi Central Business District (CBD) and its environs until further notice.

Acting IG Douglas Kanja in a statement on Wednesday cited security concerns and previous disruptions as the main reason for suspension.

He highlighted that since the public demonstrations by Kenyan youths began in June, the country has experienced enormous losses, people have been injured, and lives lost, property and businesses destroyed, and livelihoods lost.

“Criminals have continued to infiltrate the protesting groups, resulting in a troubling trend of disorderly and destructive conduct. 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 organized criminal groups are planning to take advantage of the ongoing protests to execute their attacks including looting,” the acting IG said.

Kanja also stressed that previous demonstrations lacked clear youth leadership, which hindered the enforcement of safety protocols.

Therefore, the acting IG announced a prohibition on demonstrations in Nairobi’s CBD and surrounding areas until further notice to safeguard public safety.