By Were Kelly
Nairobi, Thursday, July 10, 2025
The Judiciary of Kenya has issued a formal clarification regarding temporary court orders granted in the case of Katiba Institute vs State Law Office (High Court Petition No. E389 of 2025), following concerns about inaccurate media reporting.
In a press statement released today, Judiciary Spokesperson Hon. Paul Ndemo emphasized that the court ruling does not prohibit the police or the Inspector General from barricading roads.
Instead, the court has restrained law enforcement from mounting barricades or roadblocks without prior and timely advisories or notices to the public, particularly when such actions prevent access to key areas like Nairobi’s Central Business District.
According to the statement, the petition was filed by Katiba Institute on 25th June 2025, challenging the police practice of blocking public roads without notifying the public in advance, citing the inconvenience and disruption caused.
The court declined to issue immediate orders but directed the petition to be served to the State Law Office, which was given three days to respond.
However, during the hearing held on 9th July 2025, the court found that the State Law Office had been properly served but had neither responded to the petition nor appeared in court.
Consequently, the High Court granted Katiba Institute’s request for temporary orders, pending the full hearing and determination of the case.
“The orders do not prohibit barricading,” the Judiciary clarified. “Rather, they impose a requirement for timely public advisories before such actions are taken.”
The directive aims to ensure that the public is adequately informed and can plan their movements accordingly, particularly in the event of emergency roadblocks.
The Judiciary has also provided a link to the full court ruling for transparency.
This case underscores ongoing tensions between civil liberties and security measures, and the outcome of the full hearing is likely to set a precedent on how public authorities engage with citizens in such scenarios.
