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The High Court has ruled that the police’s requirement for protests to have a designated leader for coordination with authorities is unconstitutional.
Justice Bahati Mwamuye declared the press statement issued by the Inspector General of Police on July 17, 2024, unconstitutional, especially the restriction on all demonstrations in Nairobi’s Central Business District (CBD).
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At the time, Inspector General of Police, Douglas Kanja, had announced a ban on all demonstrations in Nairobi’s city center and nearby areas until further notice, citing concerns about public safety. The statement also required protests to have a designated leader who would liaise with the police.
However, Mwamuye, in overturning the directive, stated that the IG’s actions in issuing and enforcing the press statement “fell short of the high standard required.”
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The case, brought forward by the Katiba Institute amid last year’s anti-government protests, argued that Kanja’s statement was against the public interest, claiming he had unilaterally decided when constitutional rights could be exercised by using the vague term “until further notice.”
The institute argued, “Kanja has given himself the sole authority to determine when a constitutional right can be exercised with the language of ‘until further notice.'”
