The High Court has ruled that the protest ban issued by former Nairobi Police Commander Adamson Bungei during the 2024 anti-tax demonstrations was illegal and unconstitutional, marking a significant win for civil liberties in Kenya.
Justice Bahati Mwamuye, delivering the judgment on Monday, found that the blanket ban on public protests and assemblies within Nairobi’s Central Business District (CBD), announced through a media alert on June 18, 2024, violated multiple constitutional rights of Kenyan citizens.
The petition had been filed by eleven protesters, represented by Pareno Solonka of Solonka & Solonka Advocates LLP, against the Attorney General, the Inspector General of Police, and Bungei. The Court found that the directive infringed on fundamental rights enshrined under Articles 27, 28, 29, 33, 37, 49, and 244 of the Constitution—specifically the rights to peaceful assembly, freedom of expression, human dignity, protection from arbitrary arrest, and due process.
Justice Mwamuye ruled that the police had acted ultra vires, operating beyond their lawful powers, and affirmed that peaceful protest is a cornerstone of democratic governance.
As part of the ruling, the Court awarded the 11 petitioners Ksh. 2.2 million in general and exemplary damages, translating to Ksh. 100,000 per individual, in compensation for the violation of their constitutional rights. The court also condemned the police’s use of excessive force during the demonstrations, which included beatings, teargas, and water cannons.
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