In a landmark ruling, the High Court has issued a directive prohibiting the National Police Service from using excessive force, including water cannons and tear gas, against peaceful demonstrators.

The court order by Justice Mugure Thande also bars police officers from employing live ammunition, rubber bullets, crude weapons, and other draconian measures to disperse protesters.

The High Court, sitting in Malindi, emphasized that police must refrain from using brute force, violence, or committing extrajudicial killings against those exercising their right to peaceful assembly.

Furthermore, the court directed law enforcement to stop unnecessary arrests, abductions, detentions, harassment, intimidation, torture, and cruel, inhuman, and degrading treatment of peaceful protesters.

The directives come in response to a petition filed by Saitabao Ole Kanchory, who sought the court’s intervention following recent incidents of police brutality witnessed across the country.

In his petition, Kanchory argued that the police have resorted to arbitrary arrests, illegal abductions, intimidation, and harassment of protesters, particularly the youth (Gen Z) who are a vulnerable group requiring special protection under the Constitution.

“I find the petitioner has demonstrated that the petition is arguable and not frivolous. Second, she has demonstrated that it is in the public interest that the orders sought are granted,” ruled Justice Thande.

The ruling serves as a significant victory for human rights and a clear message that the use of disproportionate force against peaceful protesters is unacceptable and illegal.

The decision comes amidst ongoing protests in Kenya against planned tax hikes that many fear will exacerbate the cost-of-living crisis.

On June 20th, police in Nairobi fired tear gas and used water cannons to disperse demonstrators gathering near parliament to protest the proposed finance bill.