The High Court has suspended a decision taken by the National Police Service to ban demonstrations in Nairobi.
Justice Bahati Mwamuye in issuing the temporary order certified the matter filed by Katiba Institute as urgent.
The decision by NPS was relayed in a press release dated July 17. It was titled "planned public demonstrations by Kenyan youths on July 18, 2024".
It was signed by the acting IG Douglas Kanja.
The judge at the same time issued a temporary order restraining the IG and any other person serving within the NPS from enforcing the July 17 decision.
She further directed Kanja to circulate an official communication regarding the orders she issued to all officers of the National Police Service.
This she said should be done not later than tomorrow (July 19) and evidence should be filed in court showing they have abided by her directive.
The judge issued the orders after Katiba argued that the acting IG abrogated to himself the sole privilege to determine when a right under the constitution can be enjoyed.
"He has grabbed for himself the sole privilege of determining who does and does not enjoy the right to assemble, picket and protest under article 37 of the constitution," Katiba argued.
"They have turned the police service into a cabal operating as if the constitution is a mere piece of paper. They have trampled upon the Bill of Rights and other constitutional provisions."
Katiba told the judge that it is in the public interest that people be allowed to exercise their right to demonstrate peacefully and unarmed.
The police Katiba said should serve the people who assemble by protecting them and not using excessive force against them.
The petitioner was directed to serve the IG and AG with its application. Further directions will be issued on July 29.
