Court Prohibits Police from Using Tear Gas, Water Cannons, and Live Ammo Against peaceful Protesters

In a landmark ruling, the High Court has prohibited the National Police Service from using tear gas, water cannons, live ammunition, rubber bullets, or any other crude weapons against protesters opposing the now-withdrawn Finance Bill 2024. The decision by Justice Mugure Thande follows a petition filed by activist Saitabao Ole Kanchory, who argued that police have been violating protesters' rights.

Justice Thande ruled in favor of the petition, emphasizing that it was both arguable and in the public interest. "The petitioner has demonstrated that the petition is arguable and not frivolous. It is in the public interest that the orders sought are granted," she stated.

The court's order extends beyond the prohibition of force, also barring police from engaging in extrajudicial killings, arbitrary arrests, abductions, detentions, harassment, intimidation, torture, or any cruel, inhuman, and degrading treatment of protesters.

Kanchory's petition brought to light disturbing instances of police misconduct, including arbitrary arrests and illegal abductions of protesters. "The police have been violating the right to liberty and freedom from torture," Kanchory argued, detailing the systematic abuse by law enforcement.

The ruling also highlighted the particular vulnerability of "Gen Z," the youth demographic, who have been specifically targeted by police actions. "The 1st and 2nd Respondents have deployed the Directorate of Criminal Investigations (DCI) to harass and intimidate perceived leaders of the Gen Z," the court documents noted.

This significant decision underscores the importance of upholding human rights and legal protections in Kenya, especially in the face of public dissent. The ruling is a critical step in ensuring the safety and rights of protesters as the nation continues to navigate its complex socio-political environment.