Institute for Constitution Advocacy files lawsuit against Inspector General Kanja and Attorney General Oduor over unlawful establishment of police barricades in Nairobi Central Business District
Lobby Group Pushes Back Against Police Barricades During Protests
In a bold move, the Katiba Institute has taken the Inspector General of Police and Attorney-General to Kenya's High Court. The action follows after police officers blocked roads leading to Nairobi's Central Business District during the June 25 anniversary protests.
The group accuses the officers of unlawfully obstructing citizens' rights to protest and move freely. They argue that these actions blatantly attempt to hinder people from exercising their constitutional right to demonstrate and picket, as per Articles 37 and 39 of the Kenyan Constitution.
The Katiba Institute asserts that the police's failure to provide prior notice or consultation before blocking roads is a breach of Article 47 on fair administrative action. This, they claim, is not just about roads, but about preserving the future of constitutional governance.
The group cites previous court rulings, such as Katiba Institute v Inspector General of Police (E349 of 2024) and Law Society of Kenya v Kihunjii (E373 of 2024), which prohibited blanket bans on protests in Nairobi's CBD, confirming the protection of peaceful assembly and freedom of movement. They argue that the recent barricades not only disregard these precedents but also unlawfully suspend constitutional rights.
The Katiba Institute is demanding urgent conservatory orders to remove the barricades and an injunction against future unlawful restrictions on the rights to protest and move freely. They warn continuous police defiance can potentially undermine Kenya's democracy, human rights, and the rule of law.
- The Katiba Institute's ongoing court case against the Inspector General of Police and the Attorney-General in Kenya's High Court highlights a broader concern in politics and general news – the preservation of constitutional rights amidst war-and-conflicts and crime-and-justice issues.
- In light of the recent events, where police officers blocked roads during protests in Nairobi's Central Business District, the need for policy-and-legislation moderation regarding law enforcement actions has become crucial.
- The Katiba Institute's move follows the roadblocks set up during the June 25 anniversary protests, which not only violated citizens' rights to protest and move freely but also parallel cases of car-accidents and less obvious civil liberties infringements in the realm of crime-and-justice.
- More than merely contesting the police's actions, the Katiba Institute's stance serves as a reminder about the importance of maintaining open channels for dissent and upholding the spirit of democracy, both locally and globally.
- As the court decision in this case unfolds, it will be of significant importance not only for Kenya's business community and politics but also for other nations seeking to balance security concerns with the protection of citizens' rights under the rule of law.
