- Kanja on Wednesday banned protests within the city centre citing among other reasons planned infiltration by criminals and the lack of a designated leader.
- He cited the application of “international security standards for public assemblies”.
Image: FILE
The Law Society of Kenya has taken issue with acting Inspector General of Police Douglas Kanja over his directive banning protests within Nairobi CBD.
Kanja on Wednesday evening banned protests within the city centre and its environs citing among other reasons planned infiltration by criminal elements and the lack of a designated leader of the Gen Z-led protests.
He cited the application of “international security standards for public assemblies”.
The High Court in Nairobi, however, suspended the directive on Thursday and restrained the acting IG and any other NPS officer from enforcing the directive.
In a statement on Thursday, LSK president Faith Odhiambo said the law governing demonstrations in Kenya is the Public Order Act CAP 56.
She said section 5(8) of the Act outlines circumstances under which the police may restrict planned demonstrations as provided for under Article 37 of the Constitution and lack of a designated leader does not warrant such restrictive measures.
“It is inconceivable that the National Police Service can suspend the clear provisions of the relevant domestic legislation in favour of enforcing imaginary international standards to which no evidence indicates Kenya being party to,” Odhiambo said.
“Section 5 of the Public Order Act by its expression and import does not make it a mandatory requirement that protests must have determinate "leaders. We ask the police not to imagine any leaders."
In issuing his directive, Kanja said “the lack of a designated leadership in the previous demonstrations has made it difficult to enforce safety protocols”.
“As a result, no demonstrations will be permitted in the Nairobi Central Business District and its surroundings until further notice to ensure public safety,” Kanja said.
Come Thursday morning, the streets of Nairobi were awash with heavy police presence in anticipation of the planned Gen Z protests which did not however take place.
It remains unknown whether the youthful protesters gave the city a wide berth due to the directive or whether the chilly weather witnessed on Thursday served as a natural deterrent.
Overall, the LSK boss reminded the police that the society will not rest on its laurels and watch as they infringe on the fundamental rights of Kenyans to picket and assemble on the strength of unconstitutional edicts.
“The law does not in any way contemplate that a regulating officer, on a frolic of his own, can invoke international standards known only to himself, and restrict demonstrations for reasons that they are leaderless. To that extent, the alleged statement of the Acting Inspector General and any directive issued therein are unconstitutional limitation of the right to demonstrate contrary to Article 19(3),” she said.
Odhiambo further said that it is attendant upon the police to avert infiltration of peaceful protests by goons and guarantee protesters, journalists, businesses and bystanders of their safety.
"We are yet to receive any justification from the National Police Service why street children and non-protesting Kenyans were arrested and injured by police on July 2, 2024, while hired goons who intimidated protesters, looted and destroyed property were left scot-free."
The court on its part directed the acting IG to circulate an official communication regarding the orders suspending his directive to all officers of the National Police Service.
Justice Bahati Mwamuye said evidence of the official communication should be filed in court no later than Friday, July 19.
Justice Mwamuye issued the directive following a petition filed by Katiba Institute which she certified as urgent.
"They have turned the police service into a cabal operating as if the Constitution is a mere piece of paper,” Katiba Institute told the court.