The High Court of Kenya sitting at Malindi Constitutional and Judicial Review Division has issued orders barring the police from using brutal force against peaceful protesters.
Lawyer Saitabao Ole Kanchory had on June 24, 2024, moved to the court seeking orders to bar the police from using brutal force, carrying out extra judicial killings, making illegal arrests, intimidation, torture, cruel, inhuman and degrading treatment and other excesses and violence against peaceful protesters.
IG Koome, Kindiki sued
Ole Kanchory in the case has sued the Inspector General of Police, Interior Cabinet Secretary, the Attorney General, and the Independent Policing and Oversight Authority (IPOA).
Lady Justice M Thande on Friday, June 28, 2024, considered Ole Kanchory’s application, noting that he had demonstrated that the Petition is arguable and not frivolous.
Orders granted
The judge granted the orders, and ruled that the matter will be mentioned on July 17, 2024, for directions. She also directed that the petition and application be served upon all parties by July 1, 2024.
“It is hereby ordered that 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,” Lady Justice Thande ruled.
The High Court has this morning barred the police from “using water cannons, tear gas, live ammunition, rubber bullets or other crude weapons or draconian measures and from deploying brute force or any form of violence” or “committing any extrajudicial killings, arrests,… pic.twitter.com/4p3f6qaxje
— Saitabao ole Kanchory (@Saitabao) June 28, 2024
Water cannons and tear gas
Ole Kanchory had prayed for the court to declare that “the use of water cannons, tear gas, live ammunition, rubber bullets or other crude weapons or draconian measures and/or the deployment of brute force or any form of violence against persons exercising their constitutional rights to protest against the Finance Bill, 2024 is illegal, unconstitutional and unacceptable in an open and democratic society like Kenya”.
He had also asked the court to issue an order prohibiting Inspector General of Police Japheth Koome and Interior CS Kithure Kindiki from using water cannons, tear gas, live ammunition, rubber bullets or other crude weapons or draconian measures and from deploying brute force or any form of violence against peaceful protesters.
“An Order of PROHIBITION be and is hereby issued forbidding the 1st and 2nd Respondents from using water cannons, tear gas, live ammunition, rubber bullets or other crude weapons or draconian measures and from deploying brute force or any form of violence against persons exercising their constitutional rights to protest against the Finance Bill, 2024,” an excerpt from his petition reads.
Kanchory had also asked the court to declare that the extrajudicial killing, arrest, abduction, detention, harassment, intimidation, torture, cruel, inhuman and degrading treatment of persons exercising their constitutional rights to protest against the Finance Bill, 2024, was a gross violation of the constitution.
Deputy President Rigathi Gachagua on Wednesday, June 26, 2024, while addressing the nation from Mombasa on the Finance Bill 2024 protests, admitted that abductions and extrajudicial killings had resurfaced.
