Katiba Institute has moved to the High Court to challenge the government’s use of police barricades in Nairobi’s Central Business District, accusing top state officials of violating Kenyans’ rights to movement and peaceful assembly.

In a constitutional petition filed on Wednesday, the organisation named the Inspector General of Police and the Attorney-General as respondents, arguing that the blockade of key roads on June 25 was not only unlawful but also a direct assault on the democratic freedoms guaranteed in the Constitution.

The petition focuses on the police decision to seal off major entry points into the CBD using barbed wire and other barriers without notice, an action the Institute says was meant to block planned demonstrations and silence public expression.

“This is not just about roads,” the Institute said in a statement. “It is about the future of constitutional governance in Kenya.”

Katiba Institute argues that the move violated Articles 37 and 39 of the Constitution, which protect the rights to assemble, demonstrate, and move freely. It also points to earlier court decisions in Katiba Institute v Inspector General of Police (E349 of 2024) and Law Society of Kenya v Kihinjii (E373 of 2024), where similar tactics by police were declared unconstitutional.

According to the petition, the police acted without any legal justification, turning routine traffic control into a tool for silencing dissent. “The rights and freedoms guaranteed under the Constitution are being arbitrarily suspended through roadside decisions made without any legal basis,” the statement read.

The Institute further argues that the lack of advance notice or public consultation in blocking access to the city centre violates Article 47, which guarantees fair administrative action. It warns that such conduct erodes democratic progress and puts the rule of law at risk.

Katiba is now seeking urgent conservatory orders to compel the immediate removal of all barricades erected on June 25. It also wants the court to issue a directive requiring the Inspector General to provide timely public notices before any future non-emergency road closures.

In addition, the petition calls for a permanent injunction against any state action that unreasonably restricts the rights to protest and movement.

“This is not merely about road access,” the Institute reiterated. “It is about the future of constitutional governance in Kenya.”

The organisation has urged the courts to act firmly in defence of the Constitution and to safeguard the rights of all citizens from arbitrary abuse of power.