Wamuzi News Ke
In a critical blow to the police command and a decisive affirmation of constitutional rights, the High Court has barred Inspector General of Police Douglas Kanja from restricting access to Nairobi’s Central Business District (CBD) during public protests.
The ruling, issued by Justice Lawrence Mugambi, prohibits the IG and officers under his command from erecting barricades, sealing roads, or denying public access to the capital’s commercial heart — unless such restrictions are supported by advance public communication and legal justification.
The court described recent police actions as arbitrary and unconstitutional, emphasizing that “no authority, however senior, is above the law.” The decision followed a petition filed by the Katiba Institute, a constitutional watchdog, challenging the police practice of sealing off the city center without prior warning during demonstrations.
Crucial Precedent for Assembly Rights
The judgment is seen as a turning point in the ongoing battle over civic space in Kenya. Activists and civil society groups have long criticized security agencies for responding to protests with excessive force, blanket roadblocks, and sweeping restrictions that paralyze the city and infringe on fundamental freedoms.
“Today’s decision is not just a win for Katiba Institute,” said a civil rights lawyer who attended the hearing. “It’s a win for every Kenyan who values democracy, peaceful protest, and lawful policing.”
The ruling emphasized the supremacy of Article 37 of the Constitution, which guarantees the right to peaceful assembly, and Article 39, which protects the freedom of movement. According to the court, those rights cannot be suspended by mere police orders or unpublicized internal memos.
Case Triggered by Prior Police Actions
The case stems from police actions during earlier protest movements, including the Saba Saba demonstrations, where access to the city center was suddenly blocked without public notice. Residents, workers, and protesters were left stranded or forcibly rerouted, causing economic losses and igniting public outrage.
In their petition, Katiba Institute argued that such police decisions were not only illegal but deliberately aimed at frustrating legitimate civic expression. They demanded that the court compel the police to inform the public in advance of any planned restrictions and to remove any pre-emptive barriers, including metal barricades and barbed wire fences, unless justified under strict legal standards.
The court agreed, issuing a conservatory order that will remain in effect until the case is heard and determined. The matter is scheduled for mention on October 2, 2025.
Ripple Effects Expected Nationwide
Legal experts say the ruling could ripple beyond Nairobi, forcing law enforcement agencies across the country to re-examine how they respond to public gatherings. Analysts also suggest that it could open the door for more public interest litigation aimed at limiting state overreach and strengthening civil protections.
“This case is about more than roadblocks,” said constitutional scholar Dr. Naomi Otieno. “It’s about redefining the relationship between citizens and the state. The message is clear: the Constitution is not optional.”
What’s Next
With more protests expected in the coming months, and with the political climate heating up ahead of the 2027 elections, the ruling places pressure on the government to respect the rights of demonstrators and adopt a more transparent, lawful approach to public order management.
For now, the court has drawn a bold line — and the eyes of the nation will be watching to see if it is respected.
