Court rules Nairobi protest ban illegal, awards Sh2.2 million to victims
The ruling held that the police had violated several constitutional rights.
A High Court has declared that a decision by Nairobi police to block protests in the central business district was unlawful and awarded Sh2.2 million to eleven people who had taken part in last year’s anti-tax demonstrations.
The ruling held that the police had violated several constitutional rights, including the freedom to protest peacefully.
The eleven petitioners, represented by Pareno Solonka of Solonka & Solonka Advocates LLP, had sued the Attorney General, the Inspector General of Police, and former Nairobi Police Commander Adamson Bungei.
They challenged a statement issued on June 18, 2024, by Bungei, which banned protests and public gatherings in the city center.
In the judgment delivered on Wednesday, Justice Bahati Mwamuye found that the ban had no legal basis and that the actions by police amounted to abuse of power.
The court ruled that the right to peaceful assembly and expression cannot be taken away through press statements or threats.
"The respondents beat, clobbered, maimed and tortured persons participating in the peaceful march, and in the process also treated them in a cruel, inhuman or degrading manner," the petitioners told the court.
They claimed police fired teargas, used water cannons, beat demonstrators with batons, and even used live ammunition against unarmed citizens.
The court was told that several people were arrested without being informed of the reasons, and were denied access to lawyers or communication with others.
"Despite the 3rd respondent being fully cognizant of the intended peaceful march, he issued an arbitrary, illegal, and unconstitutional press release to media newsrooms stating that he had banned any demonstration. This resulted in police officers engaging in the use of excessive and disproportionate use of force against persons participating in the peaceful march," they added.
Justice Mwamuye ruled that the police had acted outside their powers and had trampled on basic rights protected by the Constitution.
He said the right to demonstrate peacefully is a vital part of any democratic country and should never be met with violence.
Each of the eleven petitioners was awarded Sh100,000, totaling Sh2.2 million.