The High Court on Wednesday, April 30, issued a landmark ruling affirming the right to peaceful assembly in the country, as 11 petitioners were compensated with millions.
In the ruling, High Court Judge Bahati Mwamuye declared the former Nairobi Police Commander Adamson Bungei unconstitutional after 11 petitioners filed a petition on the same.
The court found that Bungei's directive was in violation of the citizens' right to peaceful assembly, as enshrined under 27, 28, 29, 33, 37, 49, and 244.
In June 2024, the now-infamous demonstrations, which have come to be known as the 'Gen-Z protests', saw police engage in running battles with thousands of protestors, at times with devastating effects.
While condemning the police's actions, the High Court also awarded Ksh2.2 million in general and exemplary damages to the 11 petitioners, with each of them receiving Ksh200,000 for the violation of their rights.
The petitioners argued that police resorted to the use of excessive force, including unnecessary lobbing of teargas canisters at participants and the use of batons to beat some individuals. They also alleged live bullets were used during the demonstrations.
The Inspector General of Police was also fingered alongside another plain-clothed officer by the Law Society of Kenya over the loss of one of the protestors in 2024.
In a separate but related ruling, the high court also directed that all police officers deployed during assemblies or demonstrations should be in uniform. Police have also been banned from concealing their identities, including covering their faces.
“A declaration is hereby issued that any law enforcement officer deployed to maintain law and order during an assembly, demonstration, or picketing must be in uniform and shall not, in any way, conceal their identity, including by obscuring their face, so as to remain unidentifiable,” Justice Mwamuye said.
The ruling came amid increased public scrutiny over how Kenyan authorities have been handling recent protests, with focus recently re-shifting back to the anti-Finance bill protests from 2024 after the release of BBC's documentary titled Blood Parliament.
From the documentary, it was strongly suggested that police officers used excessive force while deliberately concealing their identities. Footage has since emerged showing some officers concealed in balaclavas and scarves.
Findings from lobby groups also appeared to corroborate this theory, as it was determined that police shooting live ammo at protesters, resulting in at least six losses of life outside the parliament premises in June 2024. Three of these incidents were highlighted in the BBC documentary.
