The High Court has issued a conservatory order to suspend the ban on the planned protests by the National Police Service in Nairobi Central Business District and its surroundings.
The Law Society of Kenya filed a petition today to challenge the order by the National Police Service, under the acting Inspector General of Police, Douglas Kanja, to ban protests in the aforementioned zones. However, there is clause in the constitution that authorizes the police body ban demonstrationsa clause.
“Pening the inter-party hearing of the Application dated 18/07/2024. A conservatory order be and is hereby issued restraining the Inspector General of Police Service in the discharge of its law enforcement functions, from applying for or enforcing the Inspector-General of Police’s impugned decision dated 17/07/2024.”
The Milimani-based High Court Judge, Hon. Bahati Mwamuye, has, however, directed the Acting Inspector General of Police to disseminate the issued in official communication to the National Police Service and the General Public by July 19, 2024.
“The Acting Inspector-General of Police shall circulate or cause to be circulated official communication of Oder 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 Repondents have been served, but in any case no later than by end of 19/07/2024; the Respondents shall file in court evidence of the same alongside or within their Response to the Application.”
Meanwhile, following the court’s suspension of the ban on protests by the NPS, the Law Society of Kenya (LSK) has urged the government to observe Article 21 of the Constitution, which is guaranteed under the Bill of Rights.
“We wish to point out all institutions of government that the role of the state is outlined in Article 21 as observing, respecting, protecting, promoting and fulfilling the rights and fundamental freedoms guaranteed under the Bill of Rights,” LSK
In another related press release, the US Embassy in Nairobi expressed concern over the abductions, the violation of the right to freedom of expression by the protesters, and the rising, strategically designed attacks on media outlets and journalists.
“We are deeply concerned by reports of violence, including shootings and abductions of protesters, journalists, and others. Constructive engagement of citizens and civil society, aided by a free and independent media, is a pillar of democracy.”
The embassy called for the police to exercise their duty with restraint to avoid rights and freedom violations by the demonstrating citizens while discouraging the destruction and looting of businesses by the organized gangs.
“The Embassy urges the police to exercise restraint and protect the rights of people to demonstrate peacefully. We call on provocateurs and opportunists to avoid blocking roads and looting businesses.”
