We have not banned demonstrations, IG Kanja now says

Acting Inspector General of Police Douglas Kanja now says he did not ban demonstrations.

In a statement on Friday, Kanja said the directive he issued on Wednesday was to merely alert the public of potential threats associated with the planned demonstrations on Thursday.

“We appreciate the public’s cooperation in adhering to the advisory and refraining from holding demonstrations within the Central Business District and surrounding areas. It is important to clarify that we have not banned public demonstrations,” Kanja said.

He clarified that it's required under law for planners of demonstrations to inform the police in advance about any planned demonstrations and the area they intend to hold the march.

This, he said, is geared towards ensuring everyone’s safety and security in the face of evolving dynamics of public demonstrations that require police to act on intelligence reports and issue prompt guidelines.

“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,” he said.

“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,” he added.

In his directive issued on July 17, Kanja said whilst the National Police Service recognise the constitutional right for Kenyans to peacefully picket, criminals had taken advantage of this constitutional right and infiltrated the protesting groups, resulting in disorderly and destructive conduct.

He said as a result of this worrying trend, people have been injured, lives lost, property and businesses destroyed, and livelihoods lost since the start of Gen Z protests on June 18.

Kanja said that NPS had Intel that goons were yet again planning to infiltrate last Thursday’s protests and execute attacks including looting.

He said the new development, plus the fact that the Gen Z protests do not have a designated leader, it would be difficult for police to enforce enforce safety protocols.

This, he said, was in keeping with international security standards for public assemblies, which require a designated leader to coordinate, collaborate and cooperate with police for peaceful demonstrations.

“As a result, no demonstrations will be permitted in the Nairobi Central Business District and its surroundings until further notice to ensure public safety,” Kanaja said.

But come Thursday, the High Court in Nairobi suspended the directive upon certifying a petition filed by Katiba Institute as urgent.

Justice Bahati Mwamuye in issuing the temporary order restrained Kanja and any officer within the NPS from enforcing order.

The judge directed Kanja to circulate an official communication regarding the orders to all officers of the NPS and file evidence of compliance with the order latest Friday, July 19.

Katiba Instituted had in their petition accused Kanja of according himself the sole privilege of determining who does and does not enjoy the right to assemble, picket and protest as provide for by Article 37 of the Constitution.

"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.

There was a heavy presence of security personnel on the streets of Nairobi on Thursday although no protester showed up.

It remains unknown whether the demonstrators obeyed Kanja's directive or they stayed away owing to the chilly weather witnessed the better part of Thursday.