The petition which was filed by the Katiba Institute against the State Law Office was presented under a certificate of urgency.
The Milimani High Court has issued a conservatory order suspending a ban imposed on protests in the Nairobi Central Business District (CBD) and its environs by the National Police Service (NPS).
In court documents obtained by Viral Tea, Justice Bahati Mwamuye revealed that this move is pending the determination of a petition filed at the court on Thursday morning, July 18.
The petition which was filed by the Katiba Institute against the State Law Office was presented under a certificate of urgency.
Anti-riot police officers at Nairobi CBD during past anti-government protests. /FILE
“Pending the inter-parties hearing of the Application dated 18/07/2024, a conservatory order be and is hereby issued restraining the Inspector-General of Police and all other persons serving within the National Police Service, or acting in support of the National Police Service in the discharge of its law enforcement functions, from applying or enforcing the Inspector-General of Police’s impugned decision dated 17/07/2024,” read the orders.
The court directed the Petitioner/Applicant to serve the Application and the Petition by the close of business today.
Meanwhile, the State Law Office (Respondents) in the case were granted until July 24 to file their responses.
“The Acting Inspector-General of Police shall circulate or cause to be circulated official communication of Orders 2 and 3 above to all Officers of the National Police Service, and separately and under his hand to the General Public, immediately after the 1st and 2nd Respondents have been served, but in any case no later than by end of day of 19/07/2024,” stated the judge.
The High Court directed that the Acting Inspector-General of Police, Douglas Kanja issue an official communication to all the officers of the NPS and the general public on the suspension of the ban on a date no later than Friday, July 19.
Further directions on the case will be issued on Monday, July 29, at 9:00 A.M. after the parties present themselves to the court.
The order effectively freezes that issued by the police on the night of July 17. IG Kanja lamented that since the commencement of the demonstrations by the Gen Z in June this year, the country has experienced enormous losses, that is, people have been injured, lives lost, property and businesses destroyed, and livelihoods lost.
The police boss also revealed that criminals had continued to infiltrate the protesting groups, resulting in a troubling trend of disorderly and destructive conduct.
Kanja was however quick to note that while the Constitution of Kenya under Article 37 provides for the right, peaceably and unarmed, to assemble, to picket, to demonstrate and to present petitions to public authorities, the Constitution equally provides for the critical role that the National Police Service plays in the national security of the country.
“In keeping with our Constitutional role and in the interest of national security, we wish to inform the public that we have credible intelligence that organized criminal groups are planning to take advantage of the ongoing protests to execute their attacks including looting.
“Acting on this information and in accordance with international security standards for public assemblies, which require a designated leader to coordinate, collaborate and cooperate with police for peaceful demonstrations, the lack of designated leadership in previous demonstrations has made it difficult to enforce safety protocols. As a result, no demonstrations will be permitted in the Nairobi Central Business District and its surroundings until further notice to ensure public safety,” Kanja stated in part.
He appealed to all members of the public to remain vigilant in crowded areas and to support the police’s collective safety and security by sharing any information that may aid them in crime detection and prevention.
Kenyans during a past protest in Nairobi. /FILE