High Court Bars Police from Barricading Nairobi Roads during Protests
- The High Court has issued orders against the police over their June 25 move to barricade roads leading to the Nairobi CBD
- Justice Lawrence Mugambi, while issuing the orders, explained the circumstances under which such actions can be legally allowed
- The order follows a case filed by the Katiba Institute against the police use of barricades and roadblocks to seal off Nairobi town centre during Gen Z protests
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The High Court has issued conservatory orders restraining the police from erecting barricades on roads leading to the Nairobi Central Business District (CBD) and streets during protests.
Source: Getty Images
Justice Lawrence Mugambi issued the orders on Wednesday, July 9, following a petition filed by Katiba Institute.
Were police barricades in Nairobi unconstitutional?
Katiba Institute, in its petition, challenged the police's use of razor wire and barricades to seal off roads leading into and within Nairobi’s CBD during the Gen Z demonstrations on June 25.
They argued that the move was made without prior notice to members of the public and was meant to prevent Kenyans from exercising their right to peaceful protests, an argument the judge agreed with.
“In the circumstances, the request for grant of a conservatory order as per the notice of motion dated 25th June, 2025, is thus merited as it will serve to ensure that the public is not inconvenienced without prior notice whenever the 1st respondent decides to block public roads to prevent access,” the judge stated.
The court further noted that barricades can only be erected after prior notice to members of the public.
This, the judge said, would allow them time to plan their movements in advance. The court was told that many Kenyans were unable to reach their workplaces on June 25, and ambulances could also not access hospitals due to the barricades and roadblocks.
Some courts were also forced to adjourn due to the absence of witnesses and staff.
“Pending the hearing and determination of this application, a conservatory order is hereby issued restraining the 1st respondent (Inspector General of Police) or any other officer subordinate to him from mounting barricades, police roads blocks that block entry of members of public from accessing the Central Business District within Nairobi County or streets within the Central Business District or any other public road without issuing a timely advisory notice prior to the emergency barricading of roads to allow the members of public to plan their activities accordingly," the order read in part.
Can Kenyan police ban protests?
In their petition, Katiba Institute, through lawyer Joshua Malidzo, told the court that despite prior rulings prohibiting blanket bans on protests in the CBD, the police continue to circumvent the law, effectively establishing an alleged police state that undermines Kenya's democratic gains.
Source: Getty Images
The institute contends that rights and freedoms guaranteed under the constitution were being suspended through roadside declarations with no legal basis.
According to Katiba Institute’s litigation manager, Nora Mbagathi, the state's attempt to barricade the city mirrors the repressive tactics used during the one-party rule under former President Daniel Moi.
"These actions mirror a return to the dark days of authoritarian policing. Citizens are being punished for exercising rights that the constitution expressly guarantees,” Mbagathi stated in her affidavit.
“We are dangerously sliding into a police state where public rights can be arbitrarily suspended,” she added.
The court's conservatory orders will remain in force until the petition is heard and determined.
William Ruto dares Gen Z to overthrow him
Previously, TUKO.co.ke reported that President William Ruto had broken his silence over a recent wave of Gen Z-led protests.
The president claimed the protests were part of a plot by some politicians he did not name to overthrow him.
He, however, warned that such an attempt with be dealt with accordingly.
Proofreading by Jackson Otukho, copy editor at TUKO.co.ke.
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
