The Judiciary has issued clarification on the High Court order on police erecting roadblocks during protests.
In a statement dated Thursday July 9, the Judiciary said the ruling was temporary pending the final ruling on the case filed by Katiba Institute.
“Judiciary notes misreporting in various media outlets on a ruling issued yesterday, 9th July 2025 on the above captioned matter by the High Court at Milimani and wishes to clarify as following. A ‘Conservatory Order’ is a ‘temporary ruling’ to give guidance on a matter in court, pending the full hearing and judgment of that matter,” read part of the statement.
Judiciary Clarifies Ruling on Police Roadblocks
According to the Judiciary, the order consequently issued by the High Court through Justice Lawrence Mugambi 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.
“For avoidance of doubt, when Katiba Institute sued the State through the State Law Office, the court directed that physical service be affected within three days upon the State Law Office (the respondent) and the respondent was given three days to file a response,” added the Judiciary.
Also Read: Ruto Goes After Judge Who Blocked Police from Erecting Roadblocks During Protests
On Wednesday July 9, 2025, the High Court issued conservatory orders barring Inspector General of Police Douglas Kanja from setting up roadblocks within Nairobi’s Central Business District during public protests.
“That pending the hearing and determination of this application, a conservatoryorder 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,” read the order.
President Ruto Criticizes Court Ruling
President William Ruto, while speaking at State House on Wednesday evening following the High Court ruling, criticized the court’s decision, calling it unfair. He argued that roadblocks, teargas, and water cannons are essential tools for protecting lives and property during protests that turn chaotic.
Also Read: MP Mukunji Speaks After His Arrest Over the Protests in Embu
He emphasized that the Constitution protects both the right to protest and the right to property, and accused those behind the petition of enjoying personal police protection while denying ordinary Kenyans the same level of security.
“I have seen someone in court saying the Inspector General should not use roadblocks, teargas, or water cannons to protect Kenyans’ lives and property, yet that person is guarded by police,” Ruto said.
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