High Court Halts Ban on Nairobi Youth Protests

The High Court has temporarily suspended the decision by Acting Inspector General of Police Douglas Kanja to prohibit public demonstrations planned by Kenyan youth in the Nairobi Central Business District (CBD). This move comes in response to a petition filed by the Katiba Institute challenging the ban on constitutional grounds.

On Wednesday evening, the Inspector General announced an indefinite ban on protests within Nairobi. He cited concerns over the protests that began in June, which he claimed had led to substantial property damage and loss of lives due to the involvement of criminal elements.

However, Justice Bahati Mwamuye intervened on Thursday afternoon, issuing a conservatory order to suspend the police directive.

"Pending the inter-partes hearing of the Application dated 18/07/2024, a conservatory order be and is hereby issued suspending the National Police Service’s decision carried in the Press Release dated 17/07/2024 that was titled ‘PLANNED PUBLIC DEMONSTRATIONS BY KENYAN YOUTHS ON JULY 18, 2024’ and which was signed by the Acting Inspector-General of Police, Mr. Douglas Kanja Kirocho in terms of its prohibition of any and all demonstrations within the Nairobi Central Business and its surrounding areas," Justice Mwamuye declared.

The court's order also prevents the Inspector-General of Police and other officials within the National Police Service from enforcing the ban. "The Petitioner/Applicant shall serve the Application and the Petition by close of business today, 18/07/2024," the Judge further directed.

The Katiba Institute's petition emphasizes the public's right to peaceful and unarmed demonstration, asserting that the police should protect rather than oppress those exercising this right. The Institute's stance highlights a critical issue in the balance between maintaining public order and upholding constitutional freedoms.

As the legal battle continues, this suspension marks a crucial moment for civic rights in Kenya, underscoring the judiciary's role in safeguarding democratic principles and civil liberties.