NAIROBI, Kenya – High Court Judge Bahati Mwamuye has declared a protest ban issued by former Nairobi Police Commander Adamson Bungei during the 2024 anti-tax demonstrations illegal and unconstitutional.
The case, filed by eleven protesters against the Attorney General, Inspector General of Police, and Bungei, challenged the ban imposed on protests within Nairobi’s Central Business District (CBD).
The controversy stemmed from a media alert issued by Bungei on June 18, 2024, which prohibited public assemblies and protests in the CBD.
Justice Mwamuye ruled that this action violated several fundamental rights enshrined in the Kenyan Constitution, including the right to peaceful assembly, freedom of expression, human dignity, protection from arbitrary arrest, and due process, as outlined in Articles 27, 28, 29, 33, 37, 49, and 244.
In his judgment, Justice Mwamuye emphasized that the police acted beyond their legal powers and that peaceful protest is a core component of democratic societies.
The Court also condemned the use of excessive force by the police, which included beatings with batons, the use of teargas, water cannons, and live bullets on peaceful demonstrators.
The petitioners argued that they were treated in a cruel and degrading manner by law enforcement officers, who also made illegal and indiscriminate arrests without informing them of the reasons for their detention or allowing them to communicate with legal counsel.
As a result of the violations, the Court awarded Ksh. 2.2 million in damages, with each petitioner receiving Ksh. 100,000 for the infringement of their constitutional rights.
