The High Court has ruled that requiring demonstrations to have an appointed leader for coordination with authorities is unconstitutional.
Justice Bahati Mwamuye invalidated a directive issued by the Inspector General of Police on July 17, 2024, particularly its blanket ban on protests within Nairobi’s Central Business District (CBD).
Inspector General Douglas Kanja had announced an indefinite suspension of demonstrations in and around Nairobi, citing security concerns. His directive also stipulated that protests could only proceed if organizers designated a leader to liaise with law enforcement.
However, in overturning the order, Justice Mwamuye stated that the IG’s actions failed to meet the legal standards required.
The Katiba Institute challenged Kanja’s directive in court, arguing that it infringed on constitutional rights by granting the police unchecked authority to determine when citizens could exercise their freedoms.
The petitioners highlighted the ambiguity of the phrase “until further notice,” asserting that it effectively gave Kanja unilateral control over the right to protest.
“The Inspector General has taken it upon himself to decide when constitutional rights can be exercised by using the vague phrase ‘until further notice,'” the court documents stated.
