The High Court in Nairobi has issued a conservatory order barring police from targeting hospitals, ambulances, medical centres, and places of worship during protests, following reports of violent disruptions by security forces during recent demonstrations.

In a ruling delivered on June 27, Justice Bahati Mwamuye restrained the National Police Service and all allied agencies from using tear gas, pepper spray, water cannons, or any crowd-control weapons against individuals seeking, receiving, or delivering medical care during civil unrest.

The order came after the Kenya Human Rights Commission filed a petition on Thursday, citing cases where law enforcement officers had launched attacks on ambulances, hospitals, emergency centres, and religious institutions amid Wednesday’s protests.

The commission noted that even facilities attending to injured police officers were not spared.

“The 1st Respondent and all officers and personnel of the National Police Service are restrained from deploying teargas or similar chemicals…against unarmed and peaceful persons … who have thereafter entered into or taken shelter in vehicles, closed or semi-closed spaces, or areas with limited ventilation or limited avenues of safe and orderly exit,” the court ruled.

One of the incidents highlighted involved police officers firing tear gas at a medical response centre stationed at Jamia Mosque in Nairobi around 2 pm on Wednesday, leaving both patients and health workers injured.

The mosque had been offering emergency care to protesters caught up in running battles with police.

Similar incidents were recorded during the 2024 Gen Z protests, including at Nairobi’s All Saints Cathedral, where police reportedly used tear gas against people sheltering inside.

Many of these facilities were treating both demonstrators and police officers wounded in the clashes.

The KHRC argued that such police actions were inhumane and unlawful, harming both protesters and caregivers, and violating the rights of people seeking protection or emergency aid.

The court further extended protection to include any person seeking shelter in confined or poorly ventilated spaces, noting that these places often serve as sanctuaries during protests.

The order is meant to safeguard people in areas with limited exits or movement space, where the use of force could result in serious injury or death.

Justice Mwamuye also ordered the immediate service of the court ruling to the respondents and gave directions for submissions to be filed by all parties ahead of a full hearing scheduled for August 11, 2025.

The judge warned that anyone disobeying the order would face legal consequences.

“Any disobedience or non-observance of this order will attract penal consequences for those responsible,” Justice Mwamuye said.

The court’s decision has been viewed as a strong move to uphold the safety of humanitarian spaces and the rights of protesters, medics, and bystanders during public demonstrations.