The interim police boss was responding to a conservatory order issued by the High Court which suspended the ban issued by the NPS on the protests, hours before they were set to take place on Thursday, July 18.
Acting Inspector General of Police Douglas Kanja on Friday, July 19 denied that he had issued a blanket ban on protests in the Nairobi Central Business District (CBD) and its environs.
The interim police boss was responding to a conservatory order issued by the High Court which suspended the ban issued by the NPS on the protests, hours before they were set to take place on Thursday, July 18.
In a statement, Kanja acknowledged the court ruling, noting that the police will adhere to the rights of citizens to engage in peaceful protests as enshrined in Article 37 of the Constitution.
Furthermore, he clarified that the directive issued on Wednesday was in response to intelligence reports that organized criminal groups were planning to take advantage of the ongoing protests to execute their attacks including looting.
Kenyans during a past protest in Nairobi. /FILE
On Thursday, the protests didn’t take place despite some Kenyans vowing to defy the police directive.
“The National Police Service, established under Article 243 of the Constitution of Kenya, 2010, acknowledges the supremacy of the Constitution. In light of the recent court order, we reiterate our respect for the rights guaranteed under Article 37,” the statement read in part.
“On July 17, 2024, we issued a notice based on credible intelligence, alerting the public of potential threats associated with the planned demonstrations. We appreciate the public’s cooperation in adhering to the advisory and refraining from holding demonstrations within the Central Business District and surrounding areas.”
The police boss stated that the demonstrations were not banned in the first place and that their unpredictable nature requires high attention to intelligence detail to plan to keep protesters safe while exercising their constitutional rights.
Kanja went on to state that going forward, protest organizers should issue notices to police at least three days before the planned protest day to enable the safeguarding of businesses and critical infrastructure from opportunistic criminal activities, as well as ensuring access to critical services and infrastructure.
For example, for any protests that are planned for Tuesday, July 23, a notice should be issued to police on Saturday, July 20, which is three days before it takes place.
“It is important to clarify that we have not banned public demonstrations. The nature of public demonstrations is dynamic, and intelligence regarding everyone’s safety and security is evolving and will continue to inform our planning and guidelines.
“We remind the public that, in accordance with Section 5(3)(a) and (c) of the Public Order Act, any individual who intends to organise a public gathering or procession must notify the Officer Commanding Station (OCS) in charge of the area in writing at least three days but no more than fourteen days prior. The application should specify the full name and physical address of the organiser, as well as the proposed site of the public meeting or the proposed route in the case of a public procession,” added the statement.
Kanja assured Kenyans that by working together, police and members of the public can ensure the safety of demonstrators while balancing the needs of the broader community.
Justice Bahati Mwamuye at the Milimani High Court revealed that the conservatory order was issued 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.
The Milimani Law Courts in Nairobi. /FILE