The High Court has ruled that a protest ban imposed in Nairobi’s Central Business District (CBD) during the 2024 anti-tax demonstrations was unconstitutional. Justice Bahati Mwamuye, delivering the verdict, found that the directive issued by former Nairobi Police Commander Adamson Bungei was unlawful and violated fundamental rights enshrined in the Kenyan Constitution.
The case, filed by eleven demonstrators and represented by lawyer Pareno Solonka of Solonka & Solonka Advocates LLP, targeted the Attorney General, the Inspector General of Police, and Bungei as respondents. At the heart of the dispute was a June 18, 2024, media alert in which Bungei declared a ban on all protests and public assemblies within Nairobi’s CBD.
Justice Mwamuye ruled that the police had acted ultra vires beyond their legal authority and emphasized that the right to peaceful assembly is protected under Articles 27, 28, 29, 33, 37, 49, and 244 of the Constitution. The court found that the ban and the subsequent police response infringed upon the petitioners’ rights to peaceful protest, freedom of expression, protection from arbitrary arrest, and human dignity.
In a significant victory for civil liberties, the court awarded the eleven petitioners a total of Ksh. 2.2 million in general and exemplary damages, granting each Ksh. 100,000 in compensation for the violation of their rights.
The petitioners had accused the police of responding to the protests with excessive force, including beatings with batons, teargas, and water cannons. They also claimed that live ammunition was used against unarmed demonstrators. Furthermore, they alleged that arrests were carried out indiscriminately and without informing them of the reasons, denying them the right to contact legal counsel.
The court condemned the arbitrary actions of the police, citing the June press statement by Bungei as both illegal and unconstitutional. The ruling serves as a stern reminder to law enforcement that peaceful protest is a cornerstone of democratic society and must be protected not suppressed.
