High Court Rules Police Cannot Ban Protests, Awards KSh 2.2m to Petitioners
- The High Court declared the protest ban issued by former Nairobi Police Commander Adamson Bungei during the 2024 anti-finance bill protests unconstitutional
- Eleven petitioners were awarded a total of KSh 2.2 million in damages for violation of their constitutional rights during the police crackdown
- The ruling cited excessive force, arbitrary arrests, and inhumane treatment by police, emphasising that peaceful protest is a protected democratic right
Nancy Odindo, a TUKO.co.ke journalist, has over four years of experience covering Kenyan politics, news, and features for digital and print media.
Nairobi - The High Court has awarded KSh 2.2 million and exemplary damages to 11 petitioners.
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They challenged the police's handling of the 2024 anti-tax demonstrations in Nairobi's CBD.
Each petitioner will receive KSh 100,000 as compensation for the violation of their constitutional rights.
Citizen Digital reported that the ruling, delivered by High Court judge Bahati Mwamuye, declared the protest ban issued by former Nairobi police commander Adamson Bungei as illegal and unconstitutional.
The ban, which was announced via a media alert on June 18, 2024, prohibited all protests and public assemblies within Nairobi’s Central Business District (CBD).
Why is the ban on protests in Nairobi's CBD illegal?
In the judgment, Justice Mwamuye ruled that the police acted beyond their legal authority by banning peaceful demonstrations.
He emphasised that the right to peaceful protest is a cornerstone of democratic societies and is protected under the Kenyan Constitution.
The Court found that the ban infringed on multiple constitutional rights, including the right to human dignity, the freedoms of assembly and expression, the right to due process, and protection from arbitrary arrest, as outlined in Articles 27, 28, 29, 33, 37, 49, and 244.
Eleven protesters, through lawyer Pareno Solonka of Solonka & Solonka Advocates LLP file the case against the Attorney General, Inspector General of Police, and Bungei.
In their petition, the petitioners narrated how police officers violently disrupted the peaceful march by beating demonstrators with batons, deploying teargas and water cannons, and even allegedly using live bullets on unarmed protesters.
They further claimed they had been arrested illegally and indiscriminately under the direct orders of the Inspector General and Bungei, without being informed of the reasons for their arrest or granted the right to contact legal counsel or family members.
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Moreover, the petitioners told the court that the respondents treated them in a cruel, inhuman, and degrading manner during the protests.
The court also heard that Bungei, despite being fully aware of the planned peaceful march, issued an arbitrary and unconstitutional statement banning the protests, leading to the violent crackdown by police.
BBC's Blood Parliament reveals alleged killers of protesters
Meanwhile, the ruling came just days after BBC News released a hard-hitting documentary exposing police brutality against youths who breached Parliament during the anti-tax protests.
The documentary, which has drawn both praise and criticism, linked security personnel, including a KDF officer, to the killing of protesters.
It featured activists recounting their harrowing experiences and included the Law Society of Kenya President, Faith Odhiambo, who denounced the use of excessive force on unarmed civilians.
Proofreading by Jackson Otukho, copy editor at TUKO.co.ke.
Source: TUKO.co.ke
