Katiba Institute has filed a petition at the High Court in Nairobi challenging actions by the Inspector General of Police and the Attorney-General in response to ongoing protests.
In a statement on Wednesday, June 25, the organisation said the decision by the police to block roads leading into and within Nairobi CBD using barbed wire and police barriers is unconstitutional.
"This urgent petition arises from the police's decision today to barricade roads leading into and within Nairobi's Central Business District (CBD) using barbed wire and police blockades.
"These actions, undertaken without notice, aim to prevent people from exercising their rights to demonstrate and picket as enshrined in Articles 37 and 39 of the Constitution," the statement read.
Katiba Institute cited multiple High Court rulings that have previously barred the police from issuing blanket bans on protests within the CBD.
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"The Petition notes that despite prior court rulings explicitly prohibiting blanket bans on protests in the CBD including judgments in Katiba Institute v Inspector General of Police (E349 of 2024) and Law Society of Kenya v Kithinji (E373 of 2024), the police continue to circumvent the law, effectively establishing a police state that undermines Kenya's democratic gains," the statement added.
The organization argued that by making such moves, rights and freedoms guaranteed under the Constitution are being suspended without any legal basis.
Additionally, it argued that blocking of roads without advance notice or consultation amounts to a breach of Article 47 on fair administrative action.
Katiba Institute further warned that such actions threaten to roll back the constitutional order, undermine democracy, human rights, and the rule of law.
In their filing, the body is asking the court to urgently intervene and put an end to infringements of rights to protest.
"Katiba Institute seeks urgent conservatory orders requiring the removal of barricades unreasonably limiting the right to protest and compelling the Inspector General to provide timely notices before any non-emergency road closures. The Petition also seeks a permanent prohibition against the unlawful limitation of the rights to protest and movement," the statement further read.
