Acting Inspector General Affirms Right to Peaceful Protests

Acting Inspector General of Police Douglas Kanja has responded to the High Court's suspension of the purported ban on demonstrations within Nairobi's Central Business District (CBD). The ruling, handed down by Justice Bahati Mwamuye on Thursday, halted the police's prior notice restricting protests, pending further legal review.

Kanja, in a statement released on Friday evening, acknowledged the court's decision and reaffirmed the police service's commitment to upholding citizens' constitutional rights. "We will adhere to the rights of citizens to engage in peaceful protests as enshrined in Article 37 of the Constitution," he stated.

The acting police chief explained that the original notice, issued on Wednesday, was based on credible intelligence indicating potential threats to public safety during the demonstrations. Despite this, Kanja clarified that the advisory was not a ban on protests.

File photo of acting IG Douglas Kanja.

“We appreciate the public's cooperation in adhering to the advisory and refraining from holding demonstrations within the Central Business District and surrounding areas. It is important to clarify that we have not banned public demonstrations,” Kanja emphasized.

He highlighted the dynamic nature of public demonstrations and the evolving intelligence regarding safety and security, which continually informs police planning and guidelines.

Kanja also urged future protest organizers to comply with legal requirements by notifying the police at least three days in advance. “We remind the public that, in accordance with Section 5(3)(a) and (c) of the Public Order Act, any individual who intends to organize a public gathering or procession must notify the Officer Commanding Station (OCS) in charge of the area in writing at least three days but no more than fourteen days prior,” he said. “The application should specify the full names and physical address of the organizer, as well as the proposed site of the public meeting or the proposed route in the case of a public procession.”

Justice Mwamuye's ruling followed a petition by the Katiba Institute, which argued that it is in the public interest to allow people to exercise their right to demonstrate peacefully and unarmed. The institute contended that the police's role is to protect those who assemble, not to use excessive force against them.

As the legal process continues, the High Court's decision underscores the delicate balance between maintaining public order and respecting constitutional freedoms. For now, Nairobi's streets remain open to peaceful demonstrators, with the police service poised to ensure their safety.