On Thursday afternoon, the Milimani High Court issued a temporary order suspending the protest ban imposed by Acting Inspector General Douglas Kanja in Nairobi and its surrounding areas.
According to court documents, the court issued an order suspending the protest ban while it reviews a petition filed earlier on Thursday morning. The petition, submitted by the Katiba Institute against the State Law Office, was presented with urgency.
The court’s orders state: “Pending the inter-parties hearing of the Application dated 18/07/2024, a conservatory order is hereby issued, restraining the Inspector-General of Police and all other individuals within the National Police Service, or supporting the Service in its law enforcement duties, from applying or enforcing the Inspector-General’s decision dated 17/07/2024.”
The court also instructed that the petitioners serve their application to the Police Service by the end of the business day on Thursday, July 18. The State Law Office (Respondents) has been given until July 24 to submit their responses. The High Court directed that the Acting Inspector General of Police issue an official announcement about the suspension of the protest ban to all National Police Service officers and the general public by no later than Friday, July 19.
The judge stated: “The Acting Inspector-General of Police must distribute official communication regarding Orders 2 and 3 to all National Police Service officers and separately to the public, immediately after the 1st and 2nd Respondents have been served, but no later than by the end of the day on 19/07/2024.”
Further instructions on the case will be provided on Monday, July 29, at 9:00 A.M., once the parties appear in court. This petition was filed shortly after the Police Service announced a ban on planned protests in the Nairobi CBD on Wednesday evening.
In his statement, Acting IG Kanja asserted that the National Police Service had received credible intelligence indicating that organized criminal groups were planning to exploit the protests to commit various crimes, including business looting. He also noted that enforcing security measures was challenging due to the leaderless nature of the protests.