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Katiba Institute has filed a constitutional case at the High Court in Nairobi, accusing the Inspector General of Police and the Attorney-General of infringing on Kenyans’ rights to peaceful assembly and freedom of movement.
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The legal action challenges the police decision to erect barricades and block major roads leading into and around Nairobi’s Central Business District (CBD) on June 25, 2025, using barbed wire and police blockades, without giving prior notice.
Katiba Institute argues that these measures were deliberately aimed at preventing citizens from exercising their constitutional rights to demonstrate and picket, as outlined in Articles 37 and 39 of the Kenyan Constitution.
“This issue goes beyond blocked roads—it’s about protecting constitutional democracy in Kenya,” the Institute stated.
The organisation further claims that the barricades violate existing court rulings that prohibit blanket restrictions on public protests within the CBD.
They referenced previous court decisions in Katiba Institute v Inspector General of Police (E349 of 2024) and Law Society of Kenya v Kihinjii (E373 of 2024), both of which declared similar police actions unconstitutional.
Katiba Institute contends that police are unlawfully suspending fundamental rights through arbitrary roadside decisions that lack legal justification.
The organisation also argues that closing roads without proper public notification or engagement violates Article 47 of the Constitution, which guarantees fair administrative procedures.
It warned that such practices undermine constitutional governance, reverse democratic progress, and threaten human rights and the rule of law.
In its petition, the Institute is requesting immediate court orders to dismantle the barricades.
It also wants the court to compel the Inspector General to issue timely public notices before any non-emergency road closures occur.
Additionally, Katiba Institute seeks a permanent court order prohibiting future actions that unfairly restrict Kenyans’ rights to protest or move freely.
Reaffirming that the matter is about safeguarding constitutional governance, the Institute called on all state authorities to respect the rule of law and protect the rights of citizens.
