The High Court of Kenya has awarded Ksh 2.2 million as compensation to 11 protesters whose rights were violated by police during the 2024 anti-Finance Bill demonstrations. Each protester will receive Ksh 200,000.
In a strongly worded judgment, Justice Bahati Mwamuye on Wednesday April 30 said the police had gone beyond their legal powers and violated several constitutional rights.
Mwamuye ruled that the police had acted ultra vires beyond their legal powers and emphasized that peaceful protest is a fundamental right in a democratic society.
Court Awards 11 Protesters Ksh2.2M for Rights Violations
The court also ruled that the police have no authority to outlaw the constitutional right to picket.
Additionally, the court found that the Inspector General of Police has no power to arbitrarily suspend or prohibit the rights to assemble, demonstrate, picket, or present petitions to public authorities.
Mwamuye also declared a protest ban issued by former Nairobi Police Commander Adamson Bungei during the 2024 anti-tax demonstrations illegal and unconstitutional.
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The Court found the ban to be a violation of the Constitution, specifically infringing on the rights to peaceful assembly, freedom of expression, human dignity, protection from arbitrary arrest, and due process, as enshrined under Articles 27, 28, 29, 33, 37, 49, and 244 of the Kenyan Constitution.
Court Petition
The ruling arises from a case filed in court by 11 petitioners, who argued that police used excessive force during the protests including beating participants with batons, firing teargas, and spraying them with water cannons
“The Respondents beat, clobbered, maimed and tortured persons participating in the peaceful march, and in the process also treated them in a cruel, inhuman or degrading manner,” they argued.
They further stated that police used live ammunition against unarmed protesters and carried out arrests without offering any explanation.
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The petitioners claimed these arrests were conducted under direct orders from the Inspector General and Bungei, and that those detained were denied the right to speak to a lawyer or contact anyone.
“Despite the 3rd Respondent being fully aware of the planned peaceful march, he issued an arbitrary, illegal, and unconstitutional press release to media houses declaring a ban on all demonstrations,” they added.
“This led to police officers using excessive and disproportionate force against participants in the peaceful protest.”
Petitioners also averred that they were illegally and indiscriminately arrested by the police under the direct orders of the inspector general of police , Bungei while participating in the peaceful march.
They submitted that they were never informed of the reasons for the arrest and were also never granted the right to communicate with the advocate of their choice or any other person.
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