The High Court of Kenya at Malindi has issued stringent orders prohibiting the use of excessive force by police, including water cannons, tear gas, live ammunition, and rubber bullets, during protests against the contentious Finance Bill, 2024.
Additionally, the court has restrained law enforcement from engaging in extrajudicial killings, illegal arrests, abductions, harassment, and other forms of inhumane treatment, citing public interest concerns.
*The ruling, delivered by Lady Justice M. Thande on 28th June 2024, follows a constitutional petition filed by Saitabao Ole Kanchory on behalf of Generation Z and the wider public. The petition alleged violations of multiple constitutional rights, including Articles 2, 3, 4, 10, 19, and 25, among others, by the Inspector General of National Police Service and other government entities.
In granting the orders, Justice Thande emphasized the urgency and public interest in safeguarding the rights of peaceful protesters. “The petitioner has demonstrated that without these orders, the potential for constitutional violations, such as excessive use of force and extrajudicial actions, would undermine the very principles of justice and democracy,” remarked Justice Thande during the proceedings.
The orders, effective immediately, prohibit the use of water cannons, tear gas, live ammunition, rubber bullets, and any form of brute force against demonstrators opposing the Finance Bill, 2024. They also compel strict adherence to due process in handling protesters, barring any actions that could be construed as cruel, inhuman, or degrading treatment.
The case, scheduled for further directions on 17th July 2024, marks a significant legal precedent in Kenya’s judicial history, addressing concerns over police conduct and constitutional rights during times of civil dissent.
