The Law Society of Kenya (LSK) has welcomed the High Court ruling on protests in Nairobi Central Business District (CBD) and leadership in demonstrations.
In a statement, LSK president Faith Odhiambo, on Thursday, February 6, 2025, disclosed that the Law Society is in full support of Justice Bahati Mwamuye’s decision to declare the attempted arbitrary and imprecise limitation of the right to protest by the National Police Service (NPS) in July 2024 unconstitutional.
Faith says according to the ruling, the NPS can not redefine the picketing rights under the Constitution of Kenya.
“The @LawSocietyofKe welcomes the decision by Hon Bahati Mwamuye, declaring the attempted arbitrary and imprecise limitation of the right to protest by the @NPSOfficial_KE through a press statement issued on 17th July 2024 as unconstitutional.
“In the decision, the Court has ostensibly found that the NPS cannot, on a frolic of its own, purport to redefine the rights under the Constitution of Kenya,” Faith said.
In addition, the LSK boss the attempt by the police to set requirements on protests would have demoralised the willingness of Kenyans to express their democratic rights.
“The court has debunked the idea propagated by the police that protests are subject to having a known, identified individual as a leader.
“The obvious malice in attempting to set such an untenable requirement posed an insufferable threat to the liberties and safety of the said ‘leaders’, and would have diminished the willingness of Kenyans to express their views and enjoy their rights,” she added.
She further applauded Justice Mwamuye pointing out that his judgement sets a progressive precedent for our Human Rights and is a promising step that ensures all Kenyans regardless of their status adhere to the rule of law.
“Further, the apparent postponement of rights, especially for an indefinite period determinable only by the whims of the police, is a path down which Kenya could not afford to go. We appreciate the Court’s progressive finding against this ridiculous proposition.
“This Judgement sets a progressive precedent for our Human Rights context, especially considering the increasing impunity of the Police and contempt for the rights of the people. This is a promising step in our efforts to ensure that our institutions, officeholders, and public servants adhere to the law and remain accountable for their actions,” she stated.
Court ruling
On February 6, 2025, the court quashed the decision by the government to block protests in Nairobi CBD, and for all demos to have a leader.
Justice Mwamuye says it did not meet the constitutional threshold.
Protest ban
On Wednesday, July 17, 2024, the then Acting Inspector General of Police Douglas Kanja noted that the protests in Nairobi and other areas have been banned due to a lack of proper leadership to coordinate with police to enable peaceful demonstrations.
“No demonstrations will be permitted in the Nairobi Central Business District and its surroundings until further notice to ensure public safety,” the notice read in part.
