The decision to block protests in Nairobi’s CBD is unconstitutional, a court ruled.
High Court judge Justice Bahati Mwamuye also held that it fails to meet the constitutional threshold.
Mwamuye ruled that the directive by Inspector General of Police Douglas Kanja that sought to impose limitations on the exercise of Article 37 of the Constitution, was overly broad, blanket, and omnibus in nature and did not satisfy the requirements outlined in Article 24 of the Constitution.
Justice Mwamuye further quashed the press statement dated July 17, 2024, issued by Kanja, declaring it unconstitutional and invalid.
The directive had banned all demonstrations in Nairobi’s CBD and its surroundings and made it mandatory for protests, picketing, or public gatherings to have a designated leader to coordinate with the police.
Katiba Institute moved to court challenging the directive, issued during the GenZ protests.
The organization argued that Koome had overstepped his authority by unilaterally determining the conditions under which constitutional rights could be exercised.
The judge ruled that such blanket restrictions undermine the freedoms guaranteed under Article 37, which protects the right to assemble, demonstrate, and picket peacefully.
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