Acting Inspector General of Police Douglas Kanja has responded to a High Court ruling that suspended the ban on demonstrations within Nairobi’s Central Business District (CBD).
Kanja acknowledged the court's decision and affirmed that the police will respect citizens' rights to peaceful protests, as Article 37 of the Constitution outlines.
Kanja explained that the initial notice issued on Wednesday, which appeared to ban demonstrations, was based on credible intelligence indicating potential threats to public safety during the protests. He thanked the public for refraining from planned demonstrations on Thursday and clarified that public protests were not explicitly banned.
“We appreciate the public's cooperation in adhering to the advisory and refraining from holding demonstrations within the Central Business District and surrounding areas. It is important to clarify that we have not banned public demonstrations,” Kanja stated.
He highlighted the dynamic nature of public demonstrations and the evolving intelligence regarding safety and security, which will continue to guide police planning and guidelines. Kanja also urged protest organizers to notify police at least three days in advance to protect businesses and critical infrastructure from opportunistic criminal activities.
“We remind the public that, according to Section 5(3)(a) and (c) of the Public Order Act, anyone intending to organize a public gathering or procession must notify the Officer Commanding Station (OCS) in writing at least three days, but no more than fourteen days, prior,” he explained. “The application should include the organizer’s full names and physical address, as well as the proposed site of the public meeting or route for a public procession.”
Justice Bahati Mwamuye suspended the police ban on demonstrations on Thursday afternoon, pending the hearing and determination of a petition filed by the Katiba Institute.
The Katiba Institute argued that allowing people to exercise their right to peaceful and unarmed demonstrations is in the public interest and that the police should protect, not use excessive force against, those who assemble.
