Court Declares Nairobi CBD Protest Ban Illegal, Awards Ksh.2.2M to Victims of Police Brutality
The High Court has dealt a significant blow to arbitrary police authority by declaring a protest ban imposed in Nairobi’s Central Business District (CBD) during the 2024 anti-tax demonstrations as illegal and unconstitutional.
In a ruling delivered by Justice Bahati Mwamuye, the court found that the protest ban issued by then-Nairobi Police Commander Adamson Bungei violated multiple provisions of the Kenyan Constitution. The judge awarded a total of Ksh. 2.2 million in damages to eleven petitioners who had filed the case after being subjected to police brutality during peaceful protests.
The petitioners were represented by lawyer Pareno Solonka of Solonka & Solonka Advocates LLP. They had sued the Attorney General, Inspector General of Police, and Commander Bungei, challenging the legality of the police directive issued via a media alert on June 18, 2024, banning all public gatherings and protests in the CBD.
Justice Mwamuye ruled that the police acted ultra vires—beyond the scope of their lawful powers—and in direct contravention of the Constitution. Specifically, the judge cited violations of Articles 27 (equality), 28 (human dignity), 29 (freedom from torture), 33 (freedom of expression), 37 (right to assemble), 49 (rights of arrested persons), and 244 (responsibility of police officers).
“The ban was not only illegal but a blatant violation of constitutional freedoms. Peaceful protest is a cornerstone of any democratic society,” said the judge.
Each of the eleven petitioners was awarded Ksh. 100,000 in general and exemplary damages.
In court, the victims recounted harrowing experiences during the demonstrations. They alleged that police officers beat protesters with batons, used tear gas and water cannons, and even fired live bullets at unarmed civilians. Some protesters were reportedly arrested without explanation and denied access to legal representation or communication.
“The respondents beat, clobbered, maimed, and tortured individuals participating in the peaceful march. This amounted to cruel, inhuman, and degrading treatment,” the petition read.
The petitioners further accused the authorities of violating their rights through arbitrary arrests and failing to provide legal reasons or due process, all while they were engaging in constitutionally protected peaceful assembly.
The ruling is a landmark moment in the ongoing struggle to protect civil liberties in Kenya, particularly amid increasing public concern over police overreach and suppression of dissent.
The verdict is expected to set a precedent for future protest-related litigation and could influence how law enforcement handles public demonstrations going forward.
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Court Declares Nairobi CBD Protest Ban Illegal, Awards Ksh.2.2M to Victims of Police Brutality