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Post Reply: Judiciary Clarifies Ruling on Police Barricades During Protests in Kenya

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on July 11, 2025, 8:00 am</div><div id="pl-6924"  class="panel-layout" ><div id="pg-6924-0"  class="panel-grid panel-no-style" ><div id="pgc-6924-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-6924-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="0 0 []">On July 10, 2025, the Kenyan Judiciary issued a statement to address misunderstandings surrounding a recent High Court ruling that restrained police from barricading roads within Nairobi's Central Business District (CBD) during protests. The clarification came in response to public and media misinterpretations of the court's decision, which was issued by Justice Lawrence Mugambi on July 9, 2025, following a petition by the Katiba Institute.</p>
<p dir="ltr">The High Court's ruling stemmed from a case challenging the police's practice of erecting barricades and roadblocks without prior notice during demonstrations, particularly those led by Gen Z activists on June 25, 2025. The Katiba Institute argued that such actions infringed on Kenyans' constitutional rights to peaceful protest and movement, as guaranteed under Articles 37 and 39 of the Constitution. The court issued a conservatory order, requiring the Inspector General of Police to provide timely advisories before setting up barricades, ensuring the public can plan their movements accordingly.</p>
<p dir="ltr">The Judiciary emphasized that the order does not prohibit police from using barricades entirely but mandates that they issue advance notices to avoid inconveniencing the public. This requirement aligns with the standard practice of the Kenya National Highways Authority, which typically announces planned road closures. The ruling aims to balance public safety with the constitutional right to demonstrate, addressing concerns that unannounced roadblocks have disrupted access to workplaces, hospitals, and courts.</p>
<p dir="ltr">The Katiba Institute's petition highlighted a pattern of police actions that appeared to circumvent previous court rulings. In June 2024, a similar attempt by police to ban protests in the CBD was overturned through conservatory orders, yet roadblocks persisted during subsequent demonstrations. The institute's litigation manager, Nora Mbagathi, described these tactics as reminiscent of authoritarian policing from Kenya's one-party era, warning of a slide toward a police state where citizens' rights are arbitrarily curtailed.</p>
<p dir="ltr">The High Court's decision underscored the importance of upholding a human rights state, where limitations on freedoms must meet strict constitutional standards under Article 24. The court noted that on June 25, 2025, unannounced barricades prevented many Kenyans from reaching their workplaces, forced courts to adjourn due to absent staff and witnesses, and blocked ambulances from accessing hospitals, exacerbating the harm caused during protests.</p>
<p dir="ltr">Lawyer Joshua Malidzo, representing the Katiba Institute, argued that the Inspector General of Police has been using security forces to suppress citizens' voices, both on the streets and online, through unconstitutional measures. The conservatory order will remain in effect until the full petition is heard and determined, ensuring that police actions during protests respect constitutional protections.</p>
<p dir="ltr">The Judiciary's statement also addressed broader concerns about police conduct during recent protests. The Gen Z-led demonstrations, which peaked on June 25, 2025, to mark the anniversary of the 2024 anti-Finance Bill protests, have seen significant unrest, with reports of violence, property damage, and loss of life. The Kenya National Commission on Human Rights documented 22 casualties in a single day on June 17, 2025, and an additional 19 deaths on June 25, 2025, highlighting the escalating toll of protest-related violence.</p>
<p dir="ltr">Public sentiment, as reflected in statements from activists and civil society groups, has been one of frustration with police tactics. The Motorists Association of Kenya has demanded that police facilitate peaceful demonstrations rather than obstruct them, while the Law Society of Kenya has condemned excessive force against protesters and passersby. The Judiciary's clarification seeks to reinforce the rule of law, ensuring that both citizens and law enforcement adhere to constitutional standards during periods of civil unrest.</p>
<p dir="ltr">As Kenya braces for further demonstrations, including those planned to commemorate the historic Saba Saba protests of July 7, 1990, the High Court's ruling serves as a reminder of the delicate balance between maintaining public order and protecting fundamental rights. The Judiciary's commitment to upholding these rights will likely shape the handling of future protests, with implications for Kenya's democratic landscape.</p>
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