The High Court has suspended the Acting Inspector General of Police Douglas Kanja’s decision to ban planned ati-government protests by youth in the Nairobi Central Business District (CBD).
This is after Kanja announced a ban on protests within Nairobi for an unspecified period on Wednesday evening, stating that the protests that began in June have led to massive destruction of property and loss of lives following the infiltration by criminal elements.
However, on Thursday afternoon, High Court judge Justice Bahati Mwamuye suspended the decision pending the hearing and determination of a petition filed by the Katiba Institute challenging the ban.
"Pending the inter-partes hearing of the Application dated 18/07/2024, a conservatory order be and is hereby issued suspending the National Police Service’s decision carried in the Press Release dated 17/07/2024 that was titled “PLANNED PUBLIC DEMONSTRATIONS BY KENYAN YOUTHS ON JULY 18, 2024” and which was signed by the Acting Inspector-General of Police, Mr. Douglas Kanja Kirocho in terms of its prohibition of any demonstrations within the Nairobi Central Business and its surrounding areas," he ordered.
Further, the court has barred the Inspector-General of Police and all other persons serving within the National Police Service, or acting in support of the National Police Service from applying or enforcing the ban on the protests.
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"The Petitioner/Applicant shall serve the Application and the Petition by close of business today,18/07/2024.”
In its petition, the Katiba Institute argues that it is in the public interest that people be allowed to exercise their right to demonstrate peacefully and unarmed.
He also said that the police serve the people who assemble by protecting them and not using excessive force against them.