Katiba Institute has today filed a constitutional petition at the High Court in Nairobi, challenging unlawful and unconstitutional actions by the police in barricading access to the Nairobi Central Business District (CBD).
The suit targets the Inspector General of Police and the Attorney-General, accusing them of violating Kenyans’ fundamental rights to peaceful assembly and freedom of movement.
The petition comes in response to a heavy police presence and the sudden erection of barbed wire and blockades along key roads leading into and within the CBD earlier today.
According to Katiba Institute, the move was intended to preempt public demonstrations and picketing, infringing upon rights protected under Articles 37 and 39 of the Constitution.
In their legal filing, Katiba Institute argues that the police action constitutes a blatant disregard for the rule of law and recent court decisions which have prohibited blanket bans on protests in the city centre.
The petition specifically references rulings in Katiba Institute v Inspector General of Police (Petition 149 of 2024) and Law Society of Kenya v Kithinji (Petition E373 of 2024), both of which found such restrictions unconstitutional.“The rights and freedoms guaranteed under the Constitution cannot be suspended through roadside declarations, the Institute.
The blocking of roads without advance notice or public consultation amounts to a breach of Article 47 on fair administrative action,” statement read.
The Institute seeks urgent conservatory orders requiring the removal of barricades unreasonably limiting the right to protest and compelling the Inspector General to provide timely notices before any non-emergency road closures.
The Petition also seeks a permanent prohibition against the unlawful limitation of the rights to protest and movement.”This Petition is not just about roads, it is about the future of constitutional governance in Kenya” statement read
Katiba Institute calls on all state actors to respect the Constitution and urges the Court to uphold the rule of law.
