NAIROBI, Kenya – The High Court in Nairobi has issued a landmark order restraining police from deploying crowd-control weapons in or near medical and humanitarian spaces during public demonstrations.
In a ruling delivered on Thursday, Justice Bahati Mwamuye granted conservatory orders barring the National Police Service (NPS) and any affiliated agencies from disrupting access to or delivery of medical services through the use of tear gas, pepper spray, water cannons, or any other such methods.
The ruling follows an urgent petition filed by the Kenya Human Rights Commission (KHRC), which accused police of targeting hospitals, ambulances, and emergency response centres—some of which were reportedly treating injured police officers—during the June 25 protests.
“Injuring medics, patients, and bystanders during protest response operations is not only a violation of human rights but undermines the ethical foundations of medical neutrality,” KHRC said in its filing.
The petition cited a disturbing incident at around 2pm on Wednesday when police reportedly fired tear gas canisters into a volunteer medical station at Jamia Mosque in Nairobi.
The centre was treating both civilians and police officers wounded during the Gen Z protests.
Similar attacks were documented at All Saints Cathedral and other emergency hubs during the 2024 demonstrations.
In his ruling, Justice Mwamuye extended protection to include non-medical safe spaces, barring police from using force against individuals who had taken refuge in closed or semi-enclosed areas, especially those with poor ventilation or limited exits.
“A conservatory order be and is hereby issued restraining the 1st Respondent and all officers and personnel of the National Police Service from deploying teargas or similar chemicals…against unarmed and peaceful persons who have entered or taken shelter in vehicles, closed or semi-closed spaces,” the judge ruled.
Justice Mwamuye underscored that any violation of the order would trigger penal consequences, warning law enforcement personnel and agencies of strict accountability.
The court directed KHRC to serve the respondents with the order and petition without delay. The case will proceed on August 11, 2025, when written submissions will be heard in open court.
Human rights groups have welcomed the decision, calling it a significant step toward upholding humanitarian law during civil unrest.
“This ruling affirms the sanctity of medical spaces and the right of all individuals—including protesters and police officers—to access life-saving care without fear of attack,” said KHRC in a post-ruling statement.
The June 25 Gen Z protests, held in memory of victims of police violence during the 2024 anti-Finance Bill demonstrations, were marred by fresh violence, including the reported use of force against peaceful demonstrators, medics, and clergy.
