High Court Suspends Ban on Demonstrations in Nairobi
By THEDISPATCH.DIGITAL REPORTER
The High Court has temporarily suspended the National Police Service’s (NPS) decision to ban demonstrations in Nairobi. This suspension follows a petition filed by the Katiba Institute, which was deemed urgent by Justice Bahati Mwamuye.
The NPS had announced the ban in a press release dated July 17, titled “Planned Public Demonstrations by Kenyan Youths on July 18, 2024,” signed by the acting Inspector General (IG) Douglas Kanja.
Justice Mwamuye’s temporary order restrains the IG and any other NPS personnel from enforcing the July 17 decision. Additionally, the judge directed Kanja to disseminate the court’s orders to all NPS officers by July 19 and to provide evidence of compliance to the court.
The Katiba Institute argued that the acting IG unilaterally assumed the authority to determine when constitutional rights could be exercised. They contended that the IG’s actions violated Article 37 of the constitution, which guarantees the right to assemble, picket, and protest peacefully and unarmed.
Katiba’s argument highlighted the broader implications for constitutional rights, accusing the police service of undermining the Bill of Rights and other constitutional provisions.
“It is in the public interest that people be allowed to exercise their right to demonstrate peacefully and unarmed,” Katiba told the judge.
