The High Court has issued conservatory orders barring Inspector General of Police Douglas Kanja and the National Police Service from setting up roadblocks, razor wire barricades, or any other obstructions in Nairobi’s Central Business District (CBD) during public protests.
This ruling comes in response to a petition by the Katiba Institute, which challenged the legality of the police’s recent actions during ongoing nationwide demonstrations.
The petition argued that the roadblocks and barricades were unconstitutional, excessive, and a violation of the public’s rights to peaceful assembly, freedom of movement, and fair administrative action.
In its argument, Katiba Institute stated that the police failed to provide prior notice to the public, thereby denying Kenyans procedural fairness as envisioned in Article 47.
The blanket lockdown of Nairobi’s CBD, they added, amounted to collective punishment, often affecting even those not involved in protests.
This ruling adds to a growing body of judicial decisions seeking to limit excessive police control during protests.
In 2017, the High Court ruled in Okiya Omtatah v. IG of Police & Others that public protests cannot be banned without justifiable cause.
In 2023, another court found the police in breach of constitutional rights when they sealed off Uhuru Park without public notice during a peaceful protest.
Most recently, in 2024, the court reprimanded police actions during the anti-Finance Bill demonstrations for detaining peaceful protestors and imposing de facto curfews without legal basis.
The courts have consistently held that public order enforcement must be proportional and guided by law —not discretionary power.
Police officials had argued that the CBD closures were based on credible intelligence indicating threats to security and potential infiltration by violent elements.
However, the court maintained that even under such circumstances, police must: seek court orders, give timely public notice and ensure restrictions are narrowly tailored, not sweeping.
Justice Lawrence Mugambi, who issued the conservatory orders, noted that “constitutional rights are not suspended by fear”, and that “security concerns must be balanced with the duty to respect civil liberties.”
This landmark ruling is a win for civil liberties and public accountability, as protests continue to grip Nairobi and other areas over economic reforms and governance concerns. It sets a binding precedent for how the state handles demonstrations and public movement, especially within urban centers.
The case is scheduled for full hearing later this month, but until then, police are under legal obligation not to restrict access to the CBD without court-sanctioned authority.
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