On the 18th of July 2024 following a petition filed by Katiba Institute challenging acting IG Douglas Karanja’s decision to ban protests within the Nairobi CBD and its environs, Justice Bahati Mwamuye in issuing the temporary order certified the matter filed by Katiba Institute as urgent.
The decision signed by the Inspector General was relayed in a press release dated July 17. It was titled “planned public demonstrations by Kenyan youths on July 18, 2024”.
Katiba argued that the acting IG abrogated to himself the sole privilege to determine when a right under the constitution can be enjoyed.
“He has grabbed for himself the sole privilege of determining who does and does not enjoy the right to assemble, picket and protest under article 37 of the constitution,” Katiba argued.
“They have turned the police service into a cabal operating as if the constitution is a mere piece of paper. They have trampled upon the Bill of Rights and other constitutional provisions.”
Justice Bahati Mwamuye issued a temporary order restraining the IG and any other person serving within the National Police Service from enforcing the July 17 decision.
She further directed Kanja to circulate an official communication regarding the orders she issued to all officers of the National Police Service.
The petitioner was directed to serve the IG and AG with its application. Further directions will be issued on July 29.