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Police IG Sued Over Unlawful Barricading of Roads in Nairobi CBD
An urgent petition has been filed with the court to compel the Inspector General of Police, Douglas Kanja, to remove all roadblocks set up in and around Nairobi's Central Business District (CBD).
The petition, filed by human rights lobby group Katiba Institute, accuses the Inspector General and the Attorney General of violating Kenyans' constitutional rights to peaceful assembly and freedom of movement by erecting barricades without lawful justification.
The legal challenge follows today’s police action to seal off major entry and exit points into the CBD using razor wire and police blockades.
According to the Katiba Institute, the move was made without prior notice and is aimed at suppressing public demonstrations, which are protected under Articles 37 and 39 of the Constitution.
The petition further argues that the barricades defy previous High Court rulings that outlaw blanket bans on protests within the CBD, citing the cases of Katiba Institute v Inspector General of Police (E349 of 2024) and Law Society of Kenya v Kithinji (E373 of 2024).
The lobby claims the continued restrictions signal a drift toward authoritarian policing, threatening Kenya’s hard-won democratic freedoms.
The institute told the court that the rights and freedoms guaranteed under the Constitution are being suspended through roadside declarations without any legal basis.
Additionally, it argued that the blocking of roads without advance notice or consultation amounts to a breach of Article 47 on fair administrative action.
''Katiba Institute seeks urgent conservatory orders requiring the removal of barricades unreasonably limiting the right to protest and compelling the Inspector General to provide timely notices before any nonemergency road closures. The Petition also seeks a permanent prohibition against the unlawful limitation of the rights to protest and movement,'' Katiba shared in a statement.
''This Petition is not just about roads, it is about the future of constitutional governance in Kenya. Katiba Institute calls on all state actors to respect the Constitution and urges the Court to uphold the rule of law.''
The developments come after the police barricaded major roads leading in and out of the CBD in Nairobi to prevent protesters from accessing the area.
Additionally, the barriers were mounted on roads and streets leading to critical security installations such as Parliament and the State House.
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