The Judiciary has issued a clarification following what it terms as “inaccurate” media reports regarding temporary court orders issued in a petition filed by Katiba Institute against the State Law Office over police barricading of public roads without prior notice.
In the case, Katiba Institute v. State Law Office (Petition No. E389 of 2025), the petitioners challenged what they described as arbitrary road closures by police, citing inconvenience and disruption to the public.
The court, presided over at the High Court in Milimani, initially declined to issue immediate orders when the petition was filed on June 25, instead directing the petitioner to serve the State Law Office within three days.
The matter was set for hearing on July 9, 2025, with the State expected to file a response within the same timeframe.
However, when the case came up for hearing, the State Law Office had neither responded nor appeared in court, despite being duly served.
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Consequently, the court granted temporary orders in favour of Katiba Institute, pending the full hearing and determination of the petition.
In its clarification, the Judiciary emphasized that the court did not bar the Inspector General of Police or law enforcement from erecting roadblocks or barricades.
Rather, the orders require that any such actions—particularly those affecting access to the Nairobi Central Business District and other public roads—must be preceded by timely advisories or public notices.
“These orders are intended to ensure the public is informed in advance, allowing them to plan their movements accordingly,” Judiciary spokesperson Hon. Paul Ndemo, OGW, stated.The Judiciary reiterated that the orders are temporary and do not amount to a blanket prohibition of police barricades.
