Police have lobbed teargas to disperse anti-government protesters in Nairobi as protests gain momentum in various parts of the country on Tuesday, June 2, 2024.
This comes despite court orders which barred the police from using water cannons and teargas during the ongoing protests.
Court orders on teargas
The Malindi High Court on June 28, 2024, issued orders barring the police from using tear gas, water cannons, bullets or force on anti-tax protesters pending the determination of a suit filed by lawyer Saitabao Ole Kanchory.
on June 24, 2024, Ole Kanchory moved to the court seeking orders to bar the police from using water cannons, tear gas, live ammunition, rubber bullets or other weapons or draconian measures and from deploying brute force or any form of violence against peaceful protesters.
“The High Court has this morning barred the police from “using water cannons, tear gas, live ammunition, rubber bullets or other crude weapons or draconian measures and from deploying brute force or any form of violence” or “committing any extrajudicial killings, arrests, abductions, detentions, harassment, intimidation, torture, cruel, inhuman and degrading treatment” against peaceful protesters. We shall not relent,” Ole Kanchory said.
Lady Justice Thande granted the orders and ruled that the matter would be mentioned on July 17, 2024, for directions. She also directed that the petition and application be served upon all parties by July 1, 2024.
“It is hereby ordered that having considered the Application and the grounds set out therein I find that the Petitioner has demonstrated that the Petition is arguable and not frivolous,” Lady Justice Thande ruled.
“Second he has demonstrated that unless the orders sought are granted the Petition, were it to succeed, would be rendered nugatory. And third and most critical, the Petitioner has demonstrated that it is in the public interest that the orders sought are granted. In light of the foregoing, I am satisfied that the tests for the grant of conservatory orders have been met. I accordingly allow prayers 2 and 3 of the Application.”
