Police officers were blocked from also using live ammunition, rubber bullets or other crude weapons or draconian measures against those demonstrating in any form of protests.
The High Court has issued a directive barring the National Police Service from using water cannons and teargas to disperse protesters during demonstrations.
Police officers were blocked from also using live ammunition, rubber bullets or other crude weapons or draconian measures against those demonstrating in any form of protests.
Furthermore, law enforcement was also barred from deploying brute force or any form of violence or committing any extrajudicial killings.
Police were also barred from making arrests, abductions, detentions, harassment, intimidation, torture, and cruel, inhuman and degrading treatment against peaceful protesters.
The court issued the directives following a petition filed by Saitabao Ole Kanchory who sought the court’s intervention following the recent brutalities witnessed across the country.
In his petition, Kanchory sued the Inspector General of Police, Japhet Koome, the Interior Cabinet Secretary Kithure Kindiki, the Attorney General Justin Muturi and the Independent Policing Oversight Authority (IPOA).
“That having considered the Application and the grounds set out therein I find that the Petitioner has demonstrated that the Petition is arguable and not frivolous. Second, he has demonstrated that unless the orders sought are granted the Petition, were it to succeed, would be rendered nugatory.
“And third and most critical, the Petitioner has demonstrated that it is in the public interest that the orders sought are granted. In light of the foregoing, I am satisfied that the tests for the grant of conservatory orders have been met,” the ruling read in part.
While issuing the orders, the court restrained the police service from engaging in the above acts until the petition which was filed before it was heard and determined. The matter will be mentioned on July 17, 2024, for directions.
The directive comes following a week of protests which have seen several Kenyans shot while attempting to access the Parliament Buildings in a tragic incident that left some dead and others critically injured.
Aside from the CBD protests, the protests spread across the country with a series of Kenyans losing their lives to excessive police force.
Sounds of gunshots could be heard from multiple distances as police officers fired tear gas canisters and splashed a mixture of water from their mobile water cannons in an attempt to disperse the adamant demonstrators.
This court order comes just hours after the High Court allowed the deployment of Kenya Defence Forces (KDF) soldiers to provide assistance to the police in quelling unrest as a result of the anti-Finance Bill protests.
However, in its ruling on Thursday evening, June 27, the Court gave the government two days to state the scope, duration and areas of military intervention.