The government has suffered a blow after the High Court quashed its decision to ban protests in Nairobi’s Central Business District (CBD).
However, Justice Bahati Mwamuye, in his ruling has stated that the directive did not meet the constitutional threshold and was, therefore, unlawful.
The judge emphasized that the right to assemble, demonstrate, and picket is enshrined in the Constitution and cannot be arbitrarily limited.
Further, he stated that any restrictions on public gatherings must be justifiable and necessary, none of which the government had adequately demonstrated in the case.
Also Read: Kenyan Protestors Storm Police Station
The Govt Demands Over Protests
The government, through security agencies, had sought to impose restrictions on protests in the CBD, arguing that they disrupted businesses, led to property destruction, and posed security threats.
Additionally, authorities had mandated that all protests must have a specific leader who would be held accountable for any chaos or destruction during demonstrations.
However, petitioners challenged the directive in court, terming it unconstitutional and an attempt to silence the freedom of expression, arguing that requiring a designated leader for demonstrations was a way of intimidating protestors and enabling state abductions.
This ruling comes at a time when Kenya has witnessed an increase in demonstrations over various political and economic issues, including the rising cost of living, governance concerns, and social injustices.
Also Read: Kenyan Protestors Storm Police Station
Earlier Ruling on Protests
Earlier in July 2024, the High Court of Kenya issued a conservatory order suspending the National Police Service’s ban on protests by Kenyan youths (Gen Z), which had been imposed by Acting Inspector General of Police, Douglas Kanja.
Justice Bahati Mwamuye of the Milimani High Court then certified the application challenging the protest ban as urgent and directed that it be given priority in the hearing.
“Pending the inter-partes hearing of the application dated July 18, 2024, a conservatory order is hereby issued suspending the National Police Service’s decision outlined in the press release dated July 17, 2024, titled ‘Planned Public Demonstrations by Kenyan Youths on July 18, 2024,’ and signed by Acting Inspector-General of Police Douglas Kanja Kirocho.
“This suspension applies specifically to the prohibition of any and all demonstrations within Nairobi’s Central Business District and its surrounding areas,” the ruling stated in part.
The order followed a petition by Katiba Institute, the applicant against the State Law Office moved to court after NPS banned planned protests in Nairobi Central Business District (CBD) and its environs until further notice.
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