The High Court has barred Inspector General of Police Douglas Kanja from ordering the erection of roadblocks within Nairobi’s Central Business District (CBD) during protests.
The ruling, delivered by Justice Lawrence Mugambi, states that the National Police Service’s actions on Monday, July 7, “infringed on key constitutional rights, including freedom of movement, assembly, and protest as enshrined in Articles 37 and 39 of the Constitution of Kenya.”
The petition, brought forth by the Katiba Institute, argued that the police’s extensive roadblocks across major routes leading to the CBD, which caused a complete shutdown, amounted to an “unlawful suspension of fundamental human rights” under Article 23 of the Constitution.
High Court bars IG Kanja from setting up roadblocks in Nairobi CBD.
Justice Mugambi’s conservatory order explicitly restrains the Inspector General and subordinate officers from “suspending Articles 37 and 39 of the Constitution by cancelling, disrupting, or interfering in any way with the right to assemble, protest, or picket while peaceful and unarmed.”
The court also mandated the “immediate removal of barbed wire, barricades, and police blocks” that were illegally restricting access to the CBD, allowing for only a “reasonable and limited perimeter around protected areas.”
The ruling comes amidst growing public discontent and a wave of anti-government protests in Kenya, where demonstrators have been demanding political reforms, accountability, and economic relief.
The judiciary has also consistently pushed back against attempts to restrict protests, with previous rulings invalidating similar bans and emphasizing that police cannot limit rights without due process.
This decision reinforces the constitutional right to peaceful assembly and movement, safeguarding democratic space in Kenya.
