A Nairobi court has quashed the decision by the state issued last year blocking protests in the city.
Justice Bahati Mwamuye has ruled that the decision to block protests in Nairobi’s CBD is unconstitutional, stating that it failed to meet the constitutional threshold.
In his ruling, the court declared that the directive by Inspector General of Police Douglas Kanja, which sought to impose limitations on the exercise of Article 37 of the Constitution, was overly broad, blanket, and omnibus in nature. This, he said, did not satisfy the requirements outlined in Article 24 of the Constitution.
Justice Mwamuye also quashed the press statement dated July 17, 2024, issued by Kanja, declaring it unconstitutional and invalid. The directive had banned all demonstrations in Nairobi’s CBD and its surroundings and made it mandatory for protests, picketing, or public gatherings to have a designated leader to coordinate with the police.
The directive, issued during the GenZ protests, was challenged in court by the Katiba Institute. The organization argued that Kanja had overstepped his authority by unilaterally determining the conditions under which constitutional rights could be exercised.
The judge ruled that the directive violated the Constitution, emphasizing that such blanket restrictions undermine the freedoms guaranteed under Article 37, which protects the right to assemble, demonstrate, and picket peacefully. As a result, the directive was declared unconstitutional, null, and void.
