The High Court has barred Inspector General of Police Douglas Kanja from erecting barricades or blocking roads within Nairobi’s Central Business District (CBD) during protests, pending the hearing and determination of a petition filed by the Katiba Institute.
Justice Lawrence Mugambi issued the conservatory orders on Wednesday, July 9, 2025, following a petition by a lobby group challenging recent police actions that led to the closure of major roads and public spaces in the CBD ahead of the planned Saba Saba protests.
“Pending the hearing of the application, a conservatory order is hereby issued requiring the 1st Respondent, the Inspector General of the National Police Service, or any officer under his command, to remove the barbed wires, barricades, and police blocks that are preventing citizens from accessing the Central Business District and its streets, except for reasonable and limited perimeters around protected areas,” Justice Mugambi ruled.
Justice Mugambi faulted the government for unilaterally blocking access to the Nairobi CBD without issuing prior notice to the public, terming the move as disruptive and lacking in transparency.
The judge issued the orders after Katiba Institute, represented by lawyer Joshua Malidzo Nyawa, argued that the police had resorted to excessive and arbitrary measures, infringing on constitutional rights such as freedom of movement, peaceful assembly, and access to public spaces.
The petitioner claimed that the blanket restrictions imposed by the police served to unlawfully suppress lawful protests and restrict civic space.
Malidzo told the court that the actions had severely disrupted daily life, with major roads blocked without prior notice, causing delays in emergency services, adjournments in court proceedings, and preventing workers and the public from accessing critical areas within the city.
“In recent days, security agencies under the instruction of the IG Kanja have cordoned off large portions of Nairobi’s CBD, bringing business and public transport to a halt,” Nyawa said.
“These actions are not only unconstitutional but also harmful to the economy.”
In his ruling, Justice Mugambi noted that during the Monday Saba Saba protests, ambulances were prevented from reaching hospitals, courts were forced to adjourn for lack of staff or witnesses, and ordinary Kenyans were unable to access their workplaces.
