NAIROBI, Kenya – The High Court has ruled that a directive by Inspector General of Police Douglas Kanja requiring demonstrations to have designated leaders is unconstitutional, striking a blow against recent restrictions on protests in Nairobi.
Justice Bahati Mwamuye declared Kanja’s press statement, issued on July 17, 2024, unlawful, particularly its blanket ban on demonstrations within the Nairobi Central Business District (CBD).
At the time, Kanja cited public safety concerns in prohibiting all protests in the city centre and surrounding areas “until further notice” and mandated that any demonstrations must have a designated leader to coordinate with police.
However, in his ruling, Justice Mwamuye found that the police directive failed to meet the constitutional threshold for limiting fundamental rights.
“The Inspector General’s actions did not rise to the high standard required,” he said, emphasizing that public authorities cannot unilaterally restrict constitutional freedoms.
The case was brought before the court by the Katiba Institute, a constitutional rights organization, amid last year’s wave of anti-government protests.
The group argued that the directive effectively gave the police unchecked power to determine when and how citizens could exercise their right to assemble, using the ambiguous phrase “until further notice.”
“Kanja has given himself the sole privilege to determine when a right under the constitution can be enjoyed,” the petitioners contended.
The ruling is a significant reaffirmation of the right to peaceful assembly, which is enshrined in the constitution.
It also sets a legal precedent against attempts by authorities to impose arbitrary restrictions on protests.
