The High Court has barred the police from using teargas on unarmed protesters who take shelter in vehicles, closed or semi-closed spaces.
In orders issued by Justice Bahati Mwamuye on Friday, June 27, the police were also barred from using teargas and water cannons on ambulances.
Until the petition filed by the Kenya Human Rights Commission (KHRC) is heard and determined, the police were ordered not to disrupt medical services during protests.
"Pending the inter partes hearing and determination of the Petitioner/Applicant's Notice of Motion Application dated 26/06/2025, a conservatory order be and is hereby issued restraining the 1st Respondent and all Officers and personnel of the National Police Service ... from deploying teargas or similar chemicals, water cannon, or other crowd-control measures against unarmed and peaceful persons assembling, demonstrating, picketing, and/or petitioning public authorities, who have thereafter entered into or taken shelter in vehicles, closed or semi-closed spaces, or areas with limited ventilation or limited avenues of safe and orderly exit," read the order in part.
Read More
KHRC had moved to court following recent incidents where police lobbed tear gas canisters at medics who were treating those injured during the protests.
Therefore, the petitioners wanted the court to issue conservatory orders barring the police from using teargas on ambulances and churches other areas where people go to seek refuge.
"KHRC seeks to hold the Inspector-General of Police and the Attorney-General accountable if security forces continue to target such protected spaces," the commission wrote in a statement.
"Protesters often seek refuge in churches, mosques, and emergency medical centers—spaces regarded as safe havens from state violence. These institutions also provide critical, often life-saving medical treatment during crises."
Meanwhile, Justice Mwamuye directed that the petitioners serve the National Police Service (NPS) and the State Law Office with the application, petition, and this court order immediately.
The police service was also directed to file their responses to the case by July 11.
