NAIROBI, KENYA — The High Court in Nairobi, under Justice Bahati Mwamuye, has declared a blanket ban on protests issued by the former Nairobi Police Commander, Adamson Bungei, during the 2024 demonstrations against proposed tax measures to be illegal and a violation of the Kenyan Constitution.
The ruling came in response to a petition filed by eleven individuals who participated in the protests. They were represented in court by Pareno Solonka of Solonka & Solonka Advocates LLP, and the respondents named were the Attorney General, the Inspector General of Police, and former Commander Bungei.
The core of the legal challenge centered on a media announcement made by Bungei on June 18, 2024, in which he prohibited all protests and public assemblies within Nairobi’s Central Business District (CBD). Justice Mwamuye unequivocally found this ban to be in contravention of several fundamental rights enshrined in the Constitution.
These included the rights to peaceful assembly, freedom of expression, human dignity, protection from arbitrary arrest, and due process, as guaranteed under Articles 27, 28, 29, 33, 37, 49, and 244 of the Kenyan Constitution.
The Court firmly stated that the police had acted ultra vires, exceeding their lawful authority, and emphasized that the right to peaceful protest is a cornerstone of a democratic society.
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In a strong rebuke of the actions taken by the authorities, Justice Mwamuye awarded a total of Ksh. 2.2 million in general and exemplary damages to the eleven petitioners. Each was granted Ksh. 100,000 as compensation for the infringement of their constitutionally protected rights.
During the proceedings, the eleven petitioners detailed instances of excessive force used by the police against protestors. Their testimony included accounts of being beaten with batons, subjected to teargas, and sprayed with water cannons.
“The Respondents beat, clobbered, maimed and tortured persons participating in the peaceful march, and in the process also treated them in a cruel, inhuman or degrading manner.,” their legal representation argued. They further informed the court of the alleged illegal use of live ammunition against unarmed individuals peacefully participating in the demonstrations.
The petitioners also asserted that they were unlawfully and indiscriminately arrested by police officers acting under the direct orders of the Inspector General of Police and former Commander Bungei while participating in the peaceful assembly.
They submitted that they were never informed of the reasons for their arrest and were denied their right to communicate with legal counsel or any other person of their choosing.
“Despite the 3rd Respondent being fully cognizant of the intended peaceful march, he issued an arbitrary, illegal and unconstitutional press release to Media Newsrooms stating that he had banned any demonstration. This resulted in police officers engaging in the use of excessive and disproportionate use of force against persons participating in the peaceful march,” their legal team argued, urging the court to order compensation for the violation of their fundamental rights.
