The High Court has temporarily suspended a decision by the National Police Service (NPS) to ban demonstrations in Nairobi. This ruling comes after the Katiba Institute filed an urgent case challenging the ban.

Justice Bahati Mwamuye issued a temporary order, effectively halting the enforcement of the ban announced by Acting Inspector General Douglas Kanja on July 17th. The press release titled “planned public demonstrations by Kenyan youths on July 18, 2024” is no longer in effect.

The judge further directed IG Kanja to circulate an official communication to all NPS officers informing them of the court order. This communication must be issued by July 19th, and the court requires evidence of compliance.

The Katiba Institute argued that the ban violated the constitutional right to peaceful assembly and protest. Their argument centered on the Acting IG’s overreach of authority in determining when citizens can exercise this right.

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“The Acting Inspector General has taken it upon himself to decide who can and cannot assemble, picket, and protest,” Katiba Institute argued. “This action turns the police service into an unaccountable body, disregarding the Constitution and the Bill of Rights.”

Katiba Institute emphasized the public’s right to peaceful and unarmed demonstrations. They argued that the police should serve and protect those exercising this right, not use excessive force.

The court has directed the petitioner, Katiba Institute, to serve the application to the Inspector General and the Attorney General. A further hearing will be held on July 29th.