Court bars police from teargassing people taking refuge in closed spaces during protests
A Nairobi High Court has barred the Inspector General of Police (IG) Douglas Kanja, and all other officers and personnel of the National Police Service (NPS) and any other agents assisting them from deploying teargas or any other chemicals to people seeking refuge in churches, mosques, among other places, during protests.
Issuing the conservatory orders on Friday, June 27, 2025, Justice Bahati Mwamuye also stopped police officers from disrupting access to medical services by civilians during demonstrations pending hearing and determination of the petition filed in court.
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Further, Justice Mwamuye issued an order stopping the police from deploying teargas, pepper spray, or similar chemicals, water cannon or any disruptive means against persons seeking to access medical services, receiving medical services, or delivering medical services during demonstrations.
Notably, the learned judge has also issued a conservatory order restraining the same officers from deploying teargas or similar chemicals or other crowd-control measures against unarmed and peaceful persons petitioning public authorities who have thereafter taken shelter in vehicles, closed or semi-closed spaces, or areas with limited ventilation or limited avenues or safe and orderly exit.
“Pending the hearing and determination or the petitioners notice of motion application dated June 26, 2025, a conservatory order be and is hereby issued restraining the 1st respondent (IG) and all officers and personnel of the National Police Services, and all personnel of any other agency acting in concert with assisting the officers from deploying teargas or any other crowd-control measures against unarmed, and peaceful persons petitioning public authorities taking shield in vehicles, closed or semi-closed spaces,” Justice Mwamuye ruled.
Human rights petition
The Kenya Human Rights Commission (KHRC) on June 26, 2025, filed a petition at the High Court against the Inspector General of Police and the Attorney General, seeking courts court order declaring the firing or teargassing of safe places such as churches, mosques, ambulances, hospitals, and temporary medical units during demonstrations unconstitutional.
Further, the commission is also seeking the court’s declaration on the acts of the officers in the use of teargas on the medical unit that was set up at the Jamia Mosque during demonstrations on June 25, 2025, and the teargassing of the All Saints Cathedral on June 25, 2024, as illegal.
“A declaration be issued that the attack and teargassing of the medical unit set up at Jamia Mosque on June 25, 2025, by the 1st respondent’s (IG) officers and teargassing of the All Saints Cathedral on June 25, 2024, are both illegal and unconstitutional acts and an order of prohibiting be issued against the 1st respondent (IG) against such illegal and unconstitutional acts,” part of the KHRC petition read.
The matter will be heard by way of highlighting of written submissions on August 11, 2025, at 11 am in an open court.
