High Court Rules Police Lack Authority to Ban Protests, Awards KSh 2.2M to Demonstrators in Damages
The High Court has ruled in favor of eleven individuals who challenged the actions of law enforcement during the 2024 anti-tax protests held in Nairobi’s Central Business District (CBD). The petitioners were awarded a total of KSh 2.2 million in compensation and exemplary damages for the violation of their constitutional rights.
Each petitioner is set to receive KSh 100,000 following a judgment that condemned the conduct of the police during the peaceful demonstrations. The ruling, delivered by Justice Bahati Mwamuye, firmly declared a protest ban issued by then-Nairobi police commander Adamson Bungei to be both illegal and unconstitutional.
The controversial protest ban was communicated through a media statement on June 18, 2024. It prohibited all public gatherings and demonstrations within the Nairobi CBD, a decision that sparked widespread criticism from civil rights groups and legal experts.
In court, Justice Mwamuye noted that the police exceeded their legal powers by suppressing peaceful protests. He stated emphatically, “The right to peaceful assembly lies at the heart of any democratic society and is guaranteed under our Constitution.”
The court found that the actions of the police during the demonstrations infringed upon several rights protected by the Kenyan Constitution. These included the right to human dignity, freedom of assembly, freedom of expression, the right to due process, and protection from arbitrary arrest. The judgment referenced specific violations of Articles 27, 28, 29, 33, 37, 49, and 244 of the Constitution.
Represented by advocate Pareno Solonka of Solonka & Solonka Advocates LLP, the petitioners filed their case against the Attorney General, the Inspector General of Police, and Adamson Bungei. They claimed that their rights had been blatantly violated during the protests.
During the proceedings, the court was told that police officers responded to the peaceful demonstration with excessive force. The petitioners recounted being beaten with batons, subjected to tear gas, and sprayed with water cannons. Shockingly, they also alleged that live bullets had been used on unarmed civilians.
“The police acted on direct orders from the Inspector General and Commander Bungei,” said the petitioners. They further explained that they were arrested unlawfully and indiscriminately, without being informed of the reasons for their arrest. Additionally, they were denied the opportunity to contact lawyers or family members.
The petitioners emphasized that their treatment during the protests was cruel, inhuman, and degrading—constituting a gross violation of their dignity and bodily integrity.
The court also heard that Commander Bungei had been aware in advance of the plans for a peaceful march. Despite this knowledge, he issued what Justice Mwamuye termed an “arbitrary and unconstitutional” statement to ban the protest. This order directly led to a violent police response that undermined both public trust and lawful protest.
The ruling has been hailed as a significant step toward affirming the rights of Kenyan citizens to hold peaceful demonstrations without fear of state repression. By rejecting the police’s justification for the ban, the court reaffirmed the constitutional protections surrounding public assembly.
Legal analysts argue that the judgment sends a strong message to authorities regarding the limits of their power when dealing with civil liberties. It also reinforces the principle that peaceful protest is not a privilege granted by the state, but a right enshrined in the law.
“This is not just a victory for the 11 petitioners,” commented lawyer Pareno Solonka, “but a message to all Kenyans that the Constitution is alive and enforceable.”
The court’s decision comes at a time when public concern about the misuse of police authority has been on the rise. The outcome of this case may influence how future demonstrations are managed by law enforcement agencies and could guide reforms aimed at ensuring greater accountability.
Justice Mwamuye’s ruling is seen as a reaffirmation of the rule of law and constitutionalism in Kenya. He highlighted the dangers of using police powers to silence dissent and discouraged the normalization of force in place of dialogue.
As public interest in the judgment grows, civil society organizations have begun urging Parliament and oversight bodies to investigate the conduct of police leadership during the June 2024 protests. Calls for structural reform and enhanced oversight mechanisms have become louder in the wake of this case.
In summary, the High Court has not only compensated the petitioners for their suffering but has also drawn a clear line regarding the abuse of authority. The ruling sets a precedent for the protection of civil rights in Kenya and underscores the responsibility of public officers to act within the boundaries of the Constitution.
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High Court Rules Police Lack Authority to Ban Protests, Awards KSh 2.2M to Demonstrators in Damages
