The High Court has issued conservatory orders temporarily barring the National Police Service (NPS) from using water cannons, tear gas live ammunition, rubber bullets on protestors.
In the ruling on Friday June 28, Justice Mugure Thande also barred the police from using crude weapons or draconian measures and brutal force of peaceful protestors.
The High Court judge at the same time prohibited the police from committing any extrajudicial killings, arrests, abductions, detentions, harassment, intimidation, torture, cruel, inhuman and degrading treatment of protestors.
“Having considered the Application and the grounds set out therein I find that the Petitioner has demonstrated that the Petition is arguable and not frivolous. Second, he has demonstrated that unless the orders sought are granted the Petition, were it to succeed, would be rendered nugatory. And third and most critical, the Petitioner has demonstrated that it is in the public interest that the orders sought are granted.
“In light of the foregoing, I am satisfied that the tests for the grant of conservatory orders have been met. I accordingly allow prayers 2 and 3 of the Application,” read the ruling in part.
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The orders come after lawyer Saitabao Ole Kanchory moved to court to seek orders barring the police from using excessive force on Kenyans protesting against the Finance Bill 2024.
In the petition, Kanchory sued Interior CS Kithure Kindiki, Police IG Japhet Koome, Attorney General Justin Muturi and the Independent Policing Oversight Authority (IPOA).
The case will mentioned on July 17, 2024.
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