In a judgment that will reinforce the right to peaceful protest in Kenya, the High Court has ruled that a 2024 ban on demonstrations in Nairobi’s CBD was unlawful and unconstitutional.
The ruling, delivered by Justice Bahati Mwamuye, declared that the directive issued by former Nairobi Police Commander Adamson Bungei during last year’s anti-tax protests violated multiple constitutional provisions.
The case, brought before the court by eleven protesters, challenged the legality of the police action, including the protest ban and the subsequent use of force against demonstrators. The petitioners were represented by advocate Pareno Solonka of Solonka & Solonka Advocates LLP and named the Attorney General, the Inspector General of Police, and Bungei as respondents.
At the heart of the case was a press statement issued by Bungei on June 18, 2024, where he announced a blanket ban on protests and public gatherings in the city center. Justice Mwamuye found the order to be not only unlawful but also a breach of rights enshrined in Kenya’s Constitution particularly those guaranteeing peaceful assembly, expression, dignity, and protection from arrest.
“The police acted beyond the limits of their authority,” the judge ruled, emphasizing that peaceful demonstrations are a protected right in any democratic society.
The decision sets a powerful precedent for the defense of civil liberties, particularly the freedom to protest without fear of arbitrary state interference.
Gov’t ordered to pay KSh2.2M
The court ordered the government to pay a total of KSh2.2 million in damages to the eleven petitioners, awarding each KSh200,000 for the violation of their rights. These damages were compensatory, meant to acknowledge the harm done and discourage future abuses of power.
During the trial, the petitioners detailed the harrowing experiences they endured at the hands of the police. They alleged widespread brutality, including beatings with batons, the use of teargas and water cannons, and even the deployment of live ammunition against unarmed protesters. The court also heard that the demonstrators were detained without being informed of the reasons for their arrest and were denied access to legal counsel.
They further argued that Bungei’s public ban on demonstrations, made despite full awareness of the planned peaceful protest, directly incited police to respond with excessive force.
In his ruling, Justice Mwamuye condemned the actions of the police, stating that the treatment of the petitioners was cruel, inhuman, and degrading, and fell far short of the standards expected in a constitutional democracy.
The judgment has been hailed by human rights defenders as a significant victory for civil liberties and a reminder that state power must always be exercised within the bounds of the law. It also reinforces the judiciary’s role in holding security agencies accountable and upholding the constitutional rights of all citizens even in times of political unrest.
