The Milimani High Court has issued a conservatory order suspending the recent ban by police on protests in Nairobi’s Central Business District (CBD).
On Thursday, July 18, 2024, Justice Bahati Mwamuye issued the orders suspending the ban on the protests pending the determination of a petition filed at the court on Thursday morning.
Further, the court issued a temporary order restraining the Inspector General of Police and any other officers serving within the National Police Service from enforcing the July 17, 2024 ban.
“Pending the inter-partes hearing of the Application dated 18/07/2024, a conservatory order be and is hereby issued restraining the Inspector-General of Police and all other persons serving within the National Police Service, or acting in support of the National Police Service in the discharge of its law enforcement functions, from applying or enforcing the Inspector-General of Police’s impugned decision dated 17/07/2024,” Justice Mwamuye ruled.
Court Order:
The High Court issues orders suspending the police decision to ban protests indefinitely, directing the police to publish the court orders to the public. pic.twitter.com/lcPADPNPIw
— Katiba Institute (@katibainstitute) July 18, 2024
Court’s directives to IG
Justice Mwamuye further directed acting police IG Kanja to circulate an official communication regarding the orders and ensure they are issued to all officers of the National Police Service.
s seen in the court order, the directive should be done no later than Friday, July 19, 2024, and evidence should be filed in court showing they have abided by the directive.
“The Acting Inspector-General of Police shall circulate or cause to be circulated official communication of Orders 2 and 3 above to all Officers of the National Police Service, and separately and hand to the General Public, immediately after the 1st and 2nd Respondents have been. served, but in any case no later than by the end of day of 19/07/2024” the judge ordered.
Further, the petitioner was directed to serve the IG and AG with its application directions and order response by Wednesday, July 24, 2024.
Additionally, further orders and directions on the case will be issued on Monday, July 29, at 9:00 am after the parties present themselves to court.
The petition in question was filed hours after the Police Service issued a ban on planned protests within the Nairobi CBD on Wednesday evening, July 17, 2024.
“The Respondents shall file and serve their Response to the Application by close of business of 24/07/2024. The Petitioner/Applicant may file a rejoinder, if need be, within 2 days of being served. Parties shall appear for further orders and/or directions on 29/07/2024 at 09:00 am,” the statement read.
