Court Blocks Police from Erecting Barbed Wire, Barricades in Nairobi CBD During Protests

NAIROBI, Kenya – July 9, 2025
The High Court has issued conservatory orders barring Inspector General of Police Douglas Kanja from erecting roadblocks, barricades, or barbed wire within the Nairobi Central Business District (CBD) during peaceful demonstrations.

Justice Lawrence Mugambi granted the orders in response to a petition filed by Katiba Institute, which challenged the legality of recent police tactics aimed at restricting access to public spaces during protests.

The court found that such measures amounted to an unjustified limitation of fundamental constitutional rights, particularly the freedoms of peaceful assembly and movement.

“Pending the hearing of the application, a conservatory order is hereby issued requiring the 1st Respondent, the Inspector General of the National Police Service, or any officer under his command, to remove the barbed wires, barricades, and police blocks that are preventing citizens from accessing the Central Business District and its streets,” ruled Justice Mugambi. He noted that limited restrictions around protected areas may still be maintained.

Katiba Institute argued that the National Police Service has increasingly resorted to sealing off city streets without notice or legal justification, particularly during protest actions such as those against the Finance Bill 2024.

The petition cited violations of Articles 37 and 39 of the Constitution, which guarantee the rights to peaceful assembly and freedom of movement.

“The police are turning Kenya into a barbed-wire state,” the petition warned, claiming the tactics resemble authoritarian-era suppression of dissent.

Represented by lawyer Joshua Malidzo Nyawa, Katiba Institute emphasized that peaceful protest is a constitutional right, and the police must protect—not punish—those who exercise it.

“It is in the public interest that people be allowed to exercise their right to demonstrate peacefully and unarmed. If movement is to be limited, it must follow due process, not sudden barbed wire blockades,” the Institute added.

The case will proceed to a full hearing, but for now, the court’s orders reaffirm the right of Kenyans to protest without being boxed out of their own capital.

By Were Kelly