The High Court in Nairobi has drawn a hard line on how police handle protesters seeking shelter making it clear that there are places where force is simply off limits.
In a ruling delivered on Friday, Justice Bahati Mwamuye barred police from throwing teargas, using water cannons, or deploying any similar crowd-control tactics in hospitals, churches, vehicles, or any other enclosed or poorly ventilated spaces. The ruling came after a case was filed by the Kenya Human Rights Commission (KHRC) against the Inspector General of Police and the Attorney General.
The judge directed that until the case is fully heard and decided, all police officers and anyone working with them are prohibited from using force against protesters who have taken refuge in spaces where escape would be difficult or dangerous.
“Pending the hearing and determination of the application, a conservatory order is hereby issued,” Justice Mwamuye ruled, restraining law enforcement from using chemical agents or force against peaceful demonstrators inside vehicles, churches, hospitals, or confined spaces with limited ventilation or exit routes.
The order aims to prevent situations where peaceful protesters could be trapped and harmed while trying to escape police force during demonstrations. It emphasizes that those exercising their constitutional right to assemble, picket, or petition authorities should not be subjected to dangerous crowd-control tactics once they seek shelter.
The court’s directive sends a strong message about the limits of police power and underscores the need to respect both the dignity and safety of protestors especially in protected spaces.
