Court bars police from erecting road blocks in Nairobi CBD during demos

The High Court has barred Inspector General of Police Douglas Kanja from erecting road blocks within Nairobi’s Central Business District (CBD) during protests.

Justice Lawrence Mugambi issued the conservatory orders on Wednesday, following a petition filed by the Katiba Institute challenging police action that led to the closure of major roads and public spaces in the CBD during Saba Saba protests and the June 25 Gen Z anniversary demonstration. 

The Judge faulted the government for unilaterally blocking access to the Nairobi CBD without issuing prior notice to the public, terming the move disruptive and lacking in transparency.

“Pending the hearing of the application, a conservatory order is hereby issued restraining the 1st Respondent, the Inspector General of the National Police Service Kanja, or any officer under his command, from mounting barricades or blocking roads that prevent citizens from accessing the Central Business District, without issuing a timely advisory or public notice prior to such emergency measures,” Justice Mugambi ruled.

He 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 detailed 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.

“In the circumstances, the request to grant conservatory orders as per the notice of motion dated June 25, 2025, filed by Katiba Institute is merited and necessary to ensure the public is not inconvenienced without prior notice,” he said

Justice Mugambi directed the petitioner to file and serve written submissions within 14 days.

He ordered IG Kanja and Attorney General Dorcas Oduor, who have yet to file responses to the lawsuit since it was filed on June 26, to do so within seven days. 

 The matter will be mentioned on October 2, 2025, for further directions.