The High Court has issued a stern warning to the National Police Service, barring the Inspector General of Police, Douglas Kanja, from setting up roadblocks within Nairobi’s Central Business District (CBD), terming the recent police actions unconstitutional.
In a ruling delivered by Justice Lawrence Mugambi, the court found that the extensive police barricades and lockdowns carried out on Monday, July 7, violated fundamental rights protected under Kenya’s Constitution, particularly the freedoms of movement, assembly, and peaceful protest.
“Pending the hearing of the case, a conservatory order is issued prohibiting the Inspector General and any of his officers from interfering with the right to peaceful assembly and protest as protected by Articles 37 and 39,” Justice Mugambi ruled.The decision follows a legal challenge filed by the Katiba Institute, which argued that the police response to planned demonstrations had effectively suspended civil rights without legal backing.
On the morning of July 7, Nairobi’s CBD was on near-lockdown. Officers were armed. They placed multiple roadblocks on major routes, including Thika Road, Ngong Road, Lang’ata Road, Mombasa Road, and Valley Road.
Some vehicles were turned away, and many city workers were unable to report to their workplaces.
Authorities justified these actions as a security precaution to prevent anti-government protests.
However, the court described the actions as excessive and lacking legal justification.
“The barricades, barbed wire, and complete lockdown of the city centre went far beyond what is lawful. These must be dismantled except for limited perimeters around protected areas, where necessary,” Justice Mugambi noted.The government defended that the roadblocks were a preventive measure against rogue protestors and a way of protecting the city.
The High Court ruling serves as a reminder to law enforcement that protecting national security must not come at the cost of citizens’ constitutional rights.
