The High Court has declared a protest ban imposed during the 2024 anti-tax demonstrations unlawful, handing a major victory to 11 protesters who challenged police actions in court.
Justice Bahati Mwamuye ruled that former Nairobi Police Commander Adamson Bungei acted outside the law when he banned public protests and assemblies within the Central Business District (CBD) through a media alert issued on June 18, 2024. The judge found the ban unconstitutional and in direct violation of several fundamental rights, including freedom of expression, peaceful assembly, and protection from arbitrary arrest.
The petitioners, represented by lawyer Pareno Solonka of Solonka & Solonka Advocates LLP, sued Bungei, the Inspector General of Police, and the Attorney General. They told the Court that police violently disrupted the peaceful protest using tear gas, batons, water cannons, and, in some instances, even live bullets.
“The Respondents beat, clobbered, maimed and tortured persons participating in the peaceful march, and in the process also treated them in a cruel, inhuman or degrading manner,” they stated in court.
They further claimed that officers arrested them illegally and indiscriminately, following direct orders from the Inspector General and Bungei. During their arrest, they were allegedly denied access to legal counsel and never informed of the reasons for their detention.
The petitioners pointed to Bungei’s press release as the trigger for the police crackdown, calling it arbitrary, unlawful, and unconstitutional. They maintained that Bungei issued the ban despite being fully aware that the planned protest would be peaceful.
In a strong condemnation of the authorities’ conduct, Justice Mwamuye ruled that the police had acted ultra vires—beyond their legal mandate. He emphasized that peaceful protest is a protected right in any democratic society.
The Court awarded the petitioners a total of Ksh. 2.2 million in general and exemplary damages, granting each Ksh. 200,000 as compensation for the violation of their rights.
