Court Outlaws Police Barricades in Nairobi During Protests

The High Court of Kenya has issued an interim injunction against the Inspector-General of Police, prohibiting the erection of roadblocks or the obstruction of access to Nairobi's Central Business District (CBD) without prior public notification. 

The ruling, delivered by Justice Lawrence Mugambi, comes in response to a petition filed by Katiba Institute, a constitutional advocacy group, which challenged recent police actions during anti-government protests. The court order aims to prevent the recurrence of situations where law enforcement cordoned off key city routes using barbed wire and physical barriers, effectively sealing off Nairobi's commercial centre. 

Katiba Institute argued that such measures constituted an infringement on constitutional rights, particularly the right to peaceful assembly and freedom of movement. The absence of prior public advisories, the Institute contended, created confusion and undermined the country’s democratic principles, prompting the legal challenge. Justice Mugambi, in his assessment, deemed the application well-founded, emphasising the undue disruption caused by the sudden closures of city roads. 

He highlighted the lack of transparency in the enforcement actions, stressing that such measures must respect constitutional rights. The conservatory order, he said, seeks to curb arbitrary decisions by the police and protect citizens’ ability to conduct their daily affairs without facing unexpected constraints. The court directive specifies that, pending a full hearing of the petition, the Inspector-General of Police and all subordinate officers are barred from impeding access to the CBD or erecting roadblocks without issuing timely advisory notices. 

Justice Mugambi asserted: "Pending the hearing and determination of the petition, a conservatory order is issued restraining the Inspector-General of Police or any officer subordinate to him from mounting barricades, police roadblocks, or blocking entry into the Nairobi CBD and its streets or any roads, without issuing a timely prior advisory."

Notably, neither the Inspector-General of Police nor the Attorney-General appeared in court or responded to the suit, despite being duly served with the relevant legal documents. Advocate Malidzo Nyawa, leading Katiba’s legal team, presented evidence detailing how police-induced lockdowns during recent protests had impeded access to offices, courts, hospitals, and other critical urban services. Reports indicated that some judicial proceedings were adjourned due to the inability of witnesses and staff to navigate the barricaded roads. 

Emergency services, including ambulances, experienced delays, raising concerns about risks to life and public welfare. A central argument in Katiba’s petition was that the Inspector-General had exceeded constitutional boundaries by unilaterally determining when rights such as assembly could be exercised. The Institute argued that this posed a significant threat to democratic order, stating in court filings that "the respondents risk rendering the Constitution useless and converting our democracy into an autocracy."

Katiba CEO Nora Mbagathi, in a supplementary affidavit, emphasised that constitutional rights cannot be suspended by executive decree or "extra-constitutional measures." She warned that failure to curb such practices would lead to further erosion of Kenya’s legal framework, paving the way for authoritarian governance characterised by unchecked police power.

The High Court’s decision follows a series of protest events that resulted in Nairobi’s CBD resembling a lockdown zone, drawing public criticism and media attention. Prior judicial commentary has affirmed that the Inspector-General does not possess unilateral authority to impose blanket bans on protests within the city centre.