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Court stops IG Kanja from restricting access to Nairobi CBD during protests

Court stops IG Kanja from restricting access to Nairobi CBD during protests
Police IG Douglas Kanja addresses members of the National Administration committee in the National Assembly on May 27, 2025. PHOTO/Kenna Claude

A Nairobi High Court has issued an order barring the Inspector General of Police (IG), Douglas Kanja, or any other officer under him from erecting barricades or roadblocks, or blocking people from accessing the Central Business District (CBD) within Nairobi County.

Issuing the order on Wednesday, July 9, 2025, Justice Lawrence Mugambi stated that, pending the hearing and determination of the notice of application filed by Katiba Institute, the IG should also not block the streets within the CBD without issuing timely advisories to prepare the citizens.

“Pending the hearing and determination of this application, a conservatory order is hereby issued, restraining the first respondent, that is the Inspector General of Police, or any other officer subordinate to him, from mounting barricades or roadblocks blocking entry of citizens from accessing the Central Business District, Nairobi County, and the streets within the Central Business District or any road without issuing a notice prior to emergency barricading of the road, to allow citizens or members to plan their activities accordingly,” Justice Mugambi ordered.

Katiba Institute filed a notice of motion at the High Court seeking a conservatory order restraining the Inspector General of the National Police Service, or any officer subordinate to him, 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 Institute also sought to have the court issue a conservatory order requiring the IG or any officer to remove the barbed wires, barricades, and police blocks blocking citizens from accessing the Central Business District and streets within the Central Business District, outside a reasonable and limited perimeter around protected areas.

According to Katiba Institute, IG Kanja is abusing the security agency to violently silence and punish citizens voicing their opposition to the current state of affairs in Kenya, in the streets of towns and cities, and online.

“The Respondents (IG and Attorney General), through their juniors and agents, continue to interfere with the enjoyment of the rights in the Constitution. The Respondents have now unlawfully limited Articles 37 and 39 of the Constitution,” part of the application read.

Notably, the Institute stated that despite Kenyans complying with the law and having given notice to the police of the planned demonstrations, the police did not notify Kenyans that they would be blocking roads or streets to or within the Central Business District during the planned protests.

“In the June 2024 protests, the 1st Respondent (IG) issued a notice banning protests in the Central Business District (CBD). The Petitioner (Katiba Institute) approached this Honourable Court, and this court, through conservatory orders, suspended the notice and allowed Kenyans to protest in the CBD,” part of the application read.

The matter will be mentioned on October 2, 2025, for further directions.

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Zipporah Ngwatu

Z.N.

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