Court Dismisses IG Kanja’s Directive Banning Protests in Nairobi

The High Court has quashed Inspector General of Police Douglas Kanja’s directive that restrained protests within the Nairobi Central Business District (CBD).

Justice Bahati Mwamuye on Thursday ruled that Kanja’s directive in June last year that halted protests within the city centre was unconstitutional and therefore illegal.

The police boss had issued an order stopping protests within Nairobi CBD citing intelligence reports indicating that criminal elements were planning to infiltrate the Gen Z protests.

“No demonstrations will be permitted in the Nairobi CBD and its surroundings until further notice to ensure public safety,” read part of Kanja’s directive. 

“We have incredible intelligence that organised criminal elements are planning to take advantage of the ongoing demonstrations to execute their attacks including looting,” Kanja added. 

However, Katiba Institute filed a petition against the directive, arguing that the police boss surpassed his powers by halting the peaceful demonstrations.

The lobby group in its application filed on July 18, 2024, stated that the Bill of Rights entitled every Kenyan to enjoy the fundamental freedoms to the greatest extent.

According to the Katiba Institute, the Inspector General went against Article 37 of the Constitution by granting himself the privilege of determining who had how people conducted themselves in the Nairobi CBD. 

Before today’s ruling, Justice Mwamuye had initially issued a conservatory order that stopped the Inspector General of Police’s directive for Nairobi city demonstrations.

In his July 18 ruling, the judge ordered the petitioners to serve the respondent with the application pending the hearing and the determination of the matter.

Mwamuye further ordered IG Kanja to inform all the police officers within Nairobi County about the conservatory order and provide a response to the petition within seven days.

Meanwhile, in June and July last year, Kenyans across the country took to the streets to demonstrate against the defunct Finance Bill 2024, the piece of legislation that was introduced to parliament by the National Treasury sought to introduce a raft of tax measures.