Gavel
The High Court has ruled that the police's requirement for demonstrations to have a designated leader to collaborate with authorities is unconstitutional.
Justice Bahati Mwamuye declared the Inspector General of Police’s press statement, dated July 17, 2024, unconstitutional, particularly its restriction on all demonstrations in the Nairobi Central Business District (CBD).
At the time, Inspector General of Police, Douglas Kanja, had issued a statement prohibiting all demonstrations within Nairobi's city centre and its surrounding areas until further notice, citing public safety concerns.
The statement also directed that protests could only proceed if they had a designated leader to coordinate with the police.
But Mwamuye in quashing the press statement said the IG's actions in issuing and implementing the press release "did not rise to the high standard required".
The case, filed by the Katiba Institute amid last year’s anti-government protests, argued that Kanja’s statement was against the public interest, claiming he had unilaterally decided when constitutional rights could be exercised, using the ambiguous phrase "until further notice."
"Kanja has given himself the sole privilege to determine when a right under the constitution can be enjoyed with the language of 'until further notice'" it said
