Katiba Institute sues police IG over illegal restrictions on protests
Protesters march as they confront Kenya police officers during clashes in downtown Nairobi on June 25, 2025 during a planned day of protest marking the first anniversary of the storming of the parliament. (Photo by Luis TATO / AFP)
Audio By Vocalize
Katiba Institute has filed a constitutional petition challenging what it terms the illegal suspension of the rights to peaceful assembly and freedom of movement by the Inspector General of Police.
In a case certified as urgent and supported by an affidavit sworn by Nora Mbagathi, the Institute is asking the High Court to issue conservatory orders restraining the Inspector General and officers under his command from disrupting, cancelling, or interfering with peaceful protests.
The petition also seeks to prevent the blocking of access to the Central Business District (CBD) through the use of barbed wire, barricades, and police roadblocks.
The petition arises from events that occurred between June 18, 2024, and June 24, 2025, when Kenyans took to the streets to protest the passage of the Finance Bill 2024, along with other issues affecting the state of the nation.
Katiba Institute argues that while Article 37 of the Constitution guarantees the right to peacefully assemble and protest, the police have continuously undermined this right through extra-constitutional and unlawful means.
According to the Institute, the restrictions imposed by the police have been systematic and unconstitutional. The petition cites instances where law enforcement officers blocked major roads and entry points into the CBD without prior notice, used barbed wire and barricades to prevent access, and issued press statements purporting to suspend constitutionally guaranteed rights.
Katiba Institute contends that such actions are not only unlawful but also amount to a betrayal of the public trust.
They are asking the court to compel the Inspector General to issue timely public advisories whenever roads are to be blocked or public spaces restricted, so that citizens can plan their movements accordingly.
The petition also references several landmark rulings in which the courts have previously declared similar actions by the police unlawful. In Frank John Githaka & 12 Others v National Intelligence Service & Inspector General of Police, the High Court prohibited the abduction of protesters and their incommunicado detention.
In Saitabao Ole Kanchory v Inspector General, the court barred the use of water cannons, tear gas, live bullets, and excessive force against peaceful demonstrators. Similarly, in The Institute of Social Accountability v Inspector General, the court stayed the decision by the police to suspend medics’ rights to strike and protest.
Katiba Institute argues that the Inspector General has unconstitutionally assumed powers not granted to his office, effectively turning what should be constitutionally protected rights into privileges exercised only at the discretion of the police.
According to the petitioners, "The Respondents want to establish a militarized society where police barricade roads without notice or reason. In a human rights state, the government cannot fear its citizens to the extent of suspending their rights."
The Institute warns that unless the court intervenes urgently, the police will continue to unlawfully curtail fundamental rights. They further argue that continued disregard for the Constitution risks rendering it ineffective, potentially pushing the country toward autocratic rule and an indefinite suspension of the right to protest.
Katiba Institute concludes that the right to protest peacefully and move freely is not merely a constitutional issue, but a matter of public interest and democratic survival. They stress that the violations already committed cannot be remedied by a future judgment, and only urgent judicial intervention can prevent further harm to the Constitution.
Leave a Comment