Acting Inspector General of Police Douglas Kanja’s decision to ban protests in Nairobi’s Central Business District (CBD), amid ongoing anti-government demonstrations, has sparked controversy over the police’s authority to issue such directives.
The ban was announced a day before planned protests led by young people from Generation Z, who intended to march from Uhuru Park to State House demanding President William Ruto’s resignation.
Acting IG Kanja justified the ban by citing concerns about potential infiltration by troublemakers and the lack of clear leadership among the protestors, making it difficult to ensure their safety.
Constitutional lawyer Bobby Mkangi clarified that while the law allows police to prevent protests under specific circumstances such as simultaneous protests at the same venue or imminent danger to protestors and the public it does not permit indefinite or blanket bans on demonstrations.
Mkangi emphasized that anyone, not just specific groups with designated leaders, has the right to notify the police in advance of their intent to protest.
In June, activist Boniface Mwangi had formally notified the police of the planned demonstrations against the Finance Bill 2024, underscoring the legal requirement for organizers to cooperate with law enforcement during such events.
However, the High Court intervened by issuing temporary orders to suspend IG Kanja’s ban, pending a full hearing of a petition filed by the Katiba Institute.
The Institute argued that the ban violated the constitutional rights of citizens to assemble, picket, and demonstrate peacefully as guaranteed under Article 38.
Judge Bahati Mwamuye, in his ruling, restrained the Inspector General of Police and all National Police Service personnel from enforcing the ban until the court could fully review the case.
The legal and constitutional implications of this decision continue to provoke debate about the balance between public safety and the right to peaceful protest in Kenya’s democratic framework.
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