The High Court in Malindi has issued temporary orders preventing security agencies from using water cannons and tear gas against individuals protesting the Finance Bill, 2024.
Justice Mugure Thande on Friday ruled that police are also prohibited from using live ammunition, rubber bullets, crude weapons, or any form of violence against protesters until a case filed by Saitabao Ole Kanchory is determined.
The judge also issued an order prohibiting the Inspector General of Police and the CS Interior from committing any extrajudicial killings, arrests, abductions, intimidation, torture, or cruel and degrading treatment of people protesting against the Finance Bill.
“I find the petitioner has demonstrated that the petition is arguable and not frivolous. Second, he has demonstrated that it is in the public interest that the orders sought are granted,” ruled Justice Thande.
In his petition, Kanchory argues that the police have been engaging in arbitrary arrests, illegal abductions of protesters, intimidation, and harassment. He asserts that these actions violate protesters’ rights to liberty and freedom from torture.
“The 1st and 2nd Respondents have deployed the Directorate of Criminal Investigations (DCI) to harass and intimidate perceived leaders of the Gen Z,” court documents read.
He further claims that Generation Z, as youth, are part of a vulnerable group requiring special protection under Articles 20 and 21 of the Constitution.
Thande directed the application to be served on July 1.
Responses be subsequently filed and served on July 15. The matter will be mentioned on July 17.
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