Court Bans Police Road Barricades During Nairobi Protests

The High Court has issued a temporary injunction preventing police from blocking roads or restricting access to Nairobi’s Central Business District during public demonstrations, following legal action by the Katiba Institute.

Justice Lawrence Mugambi granted the conservatory order on Wednesday, ruling that law enforcement cannot mount barricades, roadblocks, or block entry into the CBD without providing prior public notice. The directive requires police to issue timely advisories to allow citizens to plan their activities accordingly.

The legal challenge arose after police cordoned off the capital using razor wire and blockades during recent anti-government protests, effectively locking down the city center. Katiba Institute argued these actions violated constitutional rights and transformed Kenya into a police state.

“The respondents risk rendering the Constitution useless and converting our democracy into an autocracy,” Katiba submitted to the court, naming the Inspector-General of Police and Attorney-General as defendants.

Justice Mugambi found merit in the application, noting that the sudden road closures had caused significant public inconvenience without warning. The judge emphasized the need to balance security concerns with citizens’ constitutional rights.

Through lawyer Malidzo Nyawa, Katiba Institute detailed how the blockades had disrupted access to workplaces, hospitals, and courts, with some proceedings adjourned due to absent staff and witnesses unable to reach their destinations. Emergency services, including ambulances, were also affected.

The legal team argued that the Inspector-General had exceeded his authority by unilaterally determining when constitutional rights could be exercised, particularly the right to peaceful assembly under Article 37 of the Constitution.

Katiba CEO Nora Mbagathi emphasized in her affidavit that constitutional rights are permanent guarantees that cannot be suspended through “extra-constitutional measures” or surprise street closures. She warned that without judicial intervention, the state would likely continue violating the Constitution and Bill of Rights.

Significantly, neither the Attorney-General nor the Inspector-General responded to the petition or attended the court session, despite being properly served with court papers.

The ruling contradicts police practices during recent protests where extensive barricades transformed Nairobi into what critics described as a “ghost city.” The court previously affirmed that the Inspector-General cannot ban protests in the CBD entirely.

The case remains pending a full hearing and determination. The temporary order represents a significant victory for civil liberties advocates who argued that democratic participation requires accessible public spaces and advance notice of any restrictions.

This ruling could reshape how authorities manage public demonstrations in Kenya, requiring greater transparency and constitutional compliance in crowd control measures.​​​​​​​​​​​​​​​​