The High Court has barred the Inspector General of Police, Douglas Kanja, from ordering the erection of roadblocks within the Nairobi Central Business District
In a ruling delivered by Justice Lawrence Mugambi, the court declared that the actions of the National Police Service on Monday, July 7, had infringed on key constitutional rights, including freedom of movement, assembly, and protest as enshrined in Articles 37 and 39 of the Constitution of Kenya.
“Pending the hearing of the application, a conservatory order is hereby issued restraining the 1st Respondent, the Inspector General of the National Police Service, or any officer subordinate to him, from suspending Articles 37 and 39 of the Constitution by cancelling, disrupting, or interfering in any way with the right to assemble, protest, or picket while peaceful and unarmed,” the court ruled.
The petition was brought forward by Katiba Institute, who argued that under Articles 23 of the Constitution the police's actions amounted to unlawful suspension of fundamental human rights.
On Monday, July 7, police mounted extensive roadblocks across all major routes leading to the Nairobi CBD, causing a complete shutdown
While the security agencies claimed the roadblocks were necessary to pre-empt a third wave of anti-government protests, the court found the actions excessive and disproportionate.
“The barbed wires, barricades and police blocks blocking citizens from accessing the Central Business District and its streets must be removed, save for a reasonable and limited perimeter around protected areas,” Justice Mugambi ordered.
Closures were reported on major arteries, including Mombasa Road, Ngong Road, Thika Road, Lang'ata Road, Juja Road and Valley Road, with civilians who were using the routes to go to work being forced back by authorities.
While the plan was to quell protests and destruction of property in the CBD for a third consecutive wave of protests initially worked, running battles between police officers and protesters spilt over to residential estates.
In the CBD, many businesses faced a different kind of loss on Monday, as limited access to the city centre led to little or no business activity.
Justice Mugambi also ordered the immediate removal of barbed wire, barricades, and police blocks that were illegally restricting citizens from accessing the CBD.
“Such obstructions must be removed, save for a reasonable and limited perimeter around protected areas,” the judge added.
