The High Court in Nairobi has issued a conservatory order restraining the Inspector General of Police, Douglas Kanja, and officers under his command from erecting roadblocks or barricades on roads leading to and within the Nairobi Central Business District (CBD) without prior notice.
The ruling follows a petition filed by the Katiba Institute, a constitutional rights organization, which challenged the repeated use of police barricades to block public access during protests.
In its order, the Court directed that all barricades, barbed wire, and police roadblocks currently obstructing access to the CBD be removed, except those placed around protected areas within a reasonable and limited perimeter.
“A conservatory order is hereby issued requiring the 1st respondent, the Inspector General of the National Police Service or any officer under his command, to remove the barbed wires, barricades, and police blocks blocking citizens from accessing the Central Business District,” the Court stated.
Katiba Institute argued that the police actions violated fundamental constitutional rights, including freedom of movement (Article 39) and the right to peaceful assembly and picketing (Article 37).
The organization further cited a February 2025 High Court decision that declared police cannot restrict protests or public movement without following due legal process.
The Court also barred the police from interfering with peaceful protests or picketing pending the hearing and determination of the application.
“Pending the hearing of the application, a conservatory order is issued restraining the 1st respondent or any officer subordinate to him from cancelling, disrupting, or interfering in any way with the right to assemble, protest, or picket while peaceful and unarmed,” the Court added.