The High Court has declared unconstitutional a police directive requiring demonstrations to have a designated leader coordinating with authorities.
Justice Bahati Mwamuye invalidated the Inspector General of Police’s July 17, 2024, press statement, which banned all protests in Nairobi’s Central Business District (CBD). The ruling emphasized that the directive unlawfully restricted the right to assembly.
Inspector General Douglas Kanja had issued the ban, citing public safety concerns. His statement prohibited demonstrations in Nairobi’s city center and surrounding areas, further mandating that protests could only proceed if organizers appointed a leader to coordinate with law enforcement.
The Katiba Institute challenged the directive in court, arguing that it violated public interest and constitutional rights. The petition accused Kanja of unilaterally deciding when demonstrations could take place by using the vague phrase “until further notice.”
“Kanja has given himself the sole authority to determine when a constitutional right can be exercised with the language of ‘until further notice,’” the petition stated.
Justice Mwamuye, in overturning the order, ruled that the Inspector General failed to meet the high legal standard required when imposing such restrictions. The decision reinforces the right to peaceful assembly and limits police overreach.
