The High Court has issued a conservatory order that suspends the National Police Service’s ban on protests by Kenyan youths (Gen Z).
Justice Bahati Mwamuye of the Milimani High Court, in a decision on Thursday, prioritized and certified as urgent the application challenging the prohibition of protests, which was implemented by Acting Inspector General of Police (IG) Douglas Kanja.
“Pending the inter-partes hearing of the Application dated 18/07/2024, a conservatory order is hereby issued suspending the National Police Service’s decision stated in the Press Release dated 17/07/2024 titled ‘PLANNED PUBLIC DEMONSTRATIONS BY KENYAN YOUTHS ON JULY 18, 2024’, signed by Acting Inspector-General of Police, Mr. Douglas Kanja Kirocho CBS, OGW, prohibiting any and all demonstrations within the Nairobi Central Business District and its surrounding areas,” read part of the ruling.
Justice Mwamuye certified the suit urgent and directed the State to file its response by Tuesday, July 23, with further directions scheduled for July 29.
The court instructed the petitioners and applicants to serve the application to the Police Service by the close of business on Thursday, July 18.
Additionally, Justice Mwamuye ordered the Acting Inspector General of Police to circulate the order reversing the protest ban by Friday, July 19, and to file evidence of compliance alongside responses to the application.
“The Acting Inspector-General of Police shall circulate or cause to be circulated official communication of Orders 2 and 3 above to all Officers of the National Police Service, and separately and under his hand to the General Public, immediately after the 1st and 2nd Respondents have been served, but in any case no later than by end of day of 19/07/2024,” he directed.
The court’s decision stemmed from a petition filed by the Katiba Institute against the State Law Office in response to the NPS’s ban on planned protests in the Nairobi Central Business District (CBD) and its vicinity, effective until further notice.
