Katiba Institute Petitions Court to Halt Police Crackdown on Peaceful Protests
- A decision by the police to set up barricades across the Nairobi CBD has angered human rights activists
- The activists have now moved to court, challenging the move, which they described as unconstitutional
- In court documents seen by TUKO.co.ke, the petition, which was filed by the Katiba Institute, seeks the court to issue several orders against the Inspector General of Police
Nairobi: A human rights lobby group has now moved to court seeking urgent orders to stop the Inspector General of Police from what they describe as unconstitutional suppression of the rights to peaceful assembly and freedom of movement.
Source: Getty Images
This follows a decision by the police to set up barriers limiting access to the Nairobi Central Business District (CBD).
Katiba Institute sues IG Kanja
The petition, filed by Katiba Institute and supported by an affidavit from its litigation manager, Nora Mbagathi, has accused the National Police Service (NPS) of breaching constitutional safeguards by unlawfully barricading access roads to Nairobi’s CBD, thereby denying citizens their right to protest peacefully.
“Despite protesters complying with legal notification requirements, the police erected barriers without public advisory or justification,” said lawyer Joshua Malidzo Nyawa, who is acting for Katiba Institute.
“The Inspector General is effectively operating outside the constitution, reducing it to a mere suggestion," the petition, seen by TUKO.co.ke, added.
The Katiba Institute, in their petition, argues that the continued blocking of streets and use of force violates constitutional provisions, including Articles 10, 19, 20, 24, and 47, which underscore the principles of fair administrative action and the rule of law.
Which orders is Katiba Institute seeking?
They are seeking a declaration that the IG’s actions constitute a violation of the Bill of Rights, and a permanent order barring any future attempt to limit protest rights without lawful justification and public engagement.
"Pending the hearing of the application, a conservatory order be issued requiring the 1st respondent, the Inspector General of the National Police Service, or any officer to remove the barbed wires, barricades and police blocks blocking citizens from accessing the central business district and streets within the central business district, outside a reasonable and limited perimeter around protected areas,” the petition reads in part.
According to Katiba Institute, the state’s move to barricade the city is an attempt to return the country to the dark days of one-party rule.
"These actions mirror a return to the dark days of authoritarian policing. Citizens are being punished for exercising rights that the constitution expressly guarantees,” the lobby group’s lawyer said.
“We are dangerously sliding into a police state where public rights can be arbitrarily suspended,” she added.
According to the petition, the state’s actions amount to open bias and unconstitutional, unjustifiable discrimination.
Source: Getty Images
It warns that if unchecked, the approach risks turning Kenya from a constitutional democracy into an autocracy where fundamental rights are granted and denied at the whim of the state.
Kenyan media houses defy CA
Previously, TUKO.co.ke reported that several media houses had ignored an order from the Communications Authority of Kenya (CA) to stop live broadcasts of the protests.
CA had issued the directive arguing that it was contrary to existing laws.
Most media houses, however, continued to broadcast live happenings of the Gen Z protests taking place in most parts of the country.
Source: TUKO.co.ke
Zipporah Weru (Freelance editor) Zipporah Weru is a professional journalist with a bias towards human interest, human rights, crimes and court reporting with over 14 years’ experience in journalism. She is currently covering civil, criminal and constitutional cases across Nairobi courts. She holds a Diploma in Journalism and Public Relations from the Technical University of Kenya. You can reach her at zweru34@gmail.com.
Joshua Cheloti (Editorial assistant) Joshua Cheloti is a multi-skilled journalist with over 5 years of experience in the media industry. He holds a Diploma in Journalism and Mass Communication and is pursuing a Bachelor of Arts in Mass Media and Communication at Mount Kenya University. At TUKO, he's an editorial assistant. Before TUKO, he worked at Nairobi Review as an editorial writer, at Hope Media (Hope TV and Hope FM) as a correspondent in Eldoret, Hivisasa.com digital content editor and online writer, at Biblia Husema Broadcasting (BHB), Eldoret as Radio Presenter. Email: Joshua.cheloti@tuko.co.ke
