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The acting Inspector General of Police has come out to defend the National Police Service (NPS) following a court order that squashed their directive on outlawing street protests in Nairobi and other satellite towns.

In a statement issued late at night on Friday, July 19, 2024, acting IG Kanja notified the public that the police have not banned demonstrations in Nairobi.

According to Kanja, the security officers issued a notice asking the public to refrain from staging demonstrations in Nairobi CBD and its environs based on intelligence reports which showed that some organised criminal groups wanted to infiltrate the demos to loot and vandalise property.

“In light of the recent court order, we reiterate our respect for the rights guaranteed under Article 37. 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,” part of the notice read.

“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,” it added.

Directive to protesters

Nonetheless, the acting IG has reminded the organisers of any protests to follow the directives enshrined in the Public Order Act before going out on the streets to picket.

The orders contained therein include notifying the police in writing at least three days in advance. Besides the notice, Kanja added that the protesters should inform the police of the full names and physical addresses of the organiser, as well as the proposed site of the public meeting.

“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 names 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,” Kanja explained.

According to the acting police boss, this will enable the security officers to protect property and assure the protesters of their safety during the procession.

“Working together, we can ensure the safety of demonstrators while balancing the needs of the broader community. This includes safeguarding businesses from opportunistic criminal activities and ensuring access to critical services and infrastructure.”

Court order

This comes after High Court judge Batati Mwamuye restrained the police from applying or enforcing Kanja’s order stopping Kenyans from exercising their human right to demonstrate in the CBD.

“A conservatory order 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 July 17, 2024,” Justice Mwamuye ordered.

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