Court Suspends Acting IG Kanja's Protest Ban as LSK Challenges Directive

The Law Society of Kenya (LSK) has criticized acting Inspector General of Police Douglas Kanja for banning protests within Nairobi's CBD. Kanja cited security concerns and the lack of a designated leader for the Gen Z-led protests. 

However, the High Court in Nairobi suspended this directive, emphasizing that the Public Order Act, not "international security standards," governs demonstrations in Kenya. LSK president Faith Odhiambo argued that the police's actions were unconstitutional and did not meet the requirements of the Public Order Act. 

In a statement on Thursday, LSK president Faith Odhiambo said the law governing demonstrations in Kenya is the Public Order Act CAP 56.

She said section 5(8) of the Act outlines circumstances under which the police may restrict planned demonstrations as provided for under Article 37 of the Constitution and lack of a designated leader does not warrant such restrictive measures.

“It is inconceivable that the National Police Service can suspend the clear provisions of the relevant domestic legislation in favour of enforcing imaginary international standards to which no evidence indicates Kenya being party to,” Odhiambo said.

“Section 5 of the Public Order Act by its expression and import does not make it a mandatory requirement that protests must have determinate "leaders. We ask the police not to imagine any leaders."

In his directive, Kanja stated that the absence of designated leadership in previous demonstrations had complicated the enforcement of safety protocols. Therefore, he announced a ban on all protests in the Nairobi Central Business District and its surroundings until further notice to ensure public safety. 

On Thursday morning, Nairobi's streets were heavily policed in anticipation of the planned Gen Z protests, which ultimately did not occur. It remains unclear whether the directive or the chilly weather deterred the youthful protesters. LSK president Faith Odhiambo emphasized that the society will not tolerate police infringement on the fundamental rights of Kenyans to protest and assemble based on unconstitutional orders.

“The law does not in any way contemplate that a regulating officer, on a frolic of his own, can invoke international standards known only to himself, and restrict demonstrations for reasons that they are leaderless. To that extent, the alleged statement of the Acting Inspector General and any directive issued therein are unconstitutional limitation of the right to demonstrate contrary to Article 19(3),” she said.

Odhiambo further said that it is attendant upon the police to avert infiltration of peaceful protests by goons and guarantee protesters, journalists, businesses and bystanders of their safety.

"We are yet to receive any justification from the National Police Service why street children and non-protesting Kenyans were arrested and injured by police on July 2, 2024, while hired goons who intimidated protesters, looted and destroyed property were left scot-free."

The LSK emphasized the police's responsibility to protect peaceful protesters and criticized the recent arrest and mistreatment of non-protesting citizens. The court ordered Kanja to inform all police officers of the suspension of his directive.

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