The Malindi Constitutional and Judicial Review Division of the High Court of Kenya has issued orders prohibiting the use of force by the police against peaceful protestors.
On June 24, 2024, attorney Saitabao Ole Kanchory filed a motion with the court asking for orders prohibiting the use of excessive force, extrajudicial executions, unlawful arrests, intimidation, torture, cruel, inhuman, and degrading treatment, as well as other excesses and violent acts against nonviolent protestors.
In this case, Ole Kanchory has filed lawsuits against the Attorney General, Interior Cabinet Secretary, Inspector General of Police, and Independent Policing and Oversight Authority (IPOA).
Ole Kanchory’s application was reviewed by Lady Justice M Thande on Friday, June 28, 2024. She noted that Kanchory had provided evidence that the Petition is legitimate and debatable.
The judge issued the orders and decided to bring up the case again for guidance on July 17, 2024.
Additionally, she gave the order that all parties receive notice of the petition and application by July 1, 2024.
“It is hereby ordered that having considered the Application and the grounds set out therein I find that the Petitioner has demonstrated that the Petition is arguable and not frivolous.
“Second he has demonstrated that unless the orders sought are granted the Petition, were it to succeed, would be rendered nugatory. And third and most critical, the Petitioner has demonstrated that it is in the public interest that the orders sought are granted. In light of the foregoing, I am satisfied that the tests for the grant of conservatory orders have been met. I accordingly allow prayers 2 and 3 of the Application,” Lady Justice Thande ruled.
Ole Kanchory had prayed for the court to declare that “the use of water cannons, tear gas, live ammunition, rubber bullets or other crude weapons or draconian measures and/or the deployment of brute force or any form of violence against persons exercising their constitutional rights to protest against the Finance Bill, 2024 is illegal, unconstitutional and unacceptable in an open and democratic society like Kenya”.
He had also asked the court to issue an order prohibiting Inspector General of Police Japheth Koome and Interior CS Kithure Kindiki from using water cannons, tear gas, live ammunition, rubber bullets or other crude weapons or draconian measures and from deploying brute force or any form of violence against peaceful protesters.
“An Order of PROHIBITION be and is hereby issued forbidding the 1st and 2nd Respondents from using water cannons, tear gas, live ammunition, rubber bullets or other crude weapons or draconian measures and from deploying brute force or any form of violence against persons exercising their constitutional rights to protest against the Finance Bill, 2024,” an excerpt from his petition reads.
Kanchory had also asked the court to declare that the extrajudicial killing, arrest, abduction, detention, harassment, intimidation, torture, cruel, inhuman and degrading treatment of persons exercising their constitutional rights to protest against the Finance Bill, 2024, was a gross violation of the constitution.
Deputy President Rigathi Gachagua on Wednesday, June 26, 2024, while addressing the nation from Mombasa on the Finance Bill 2024 protests, admitted that abductions and extrajudicial killings had resurfaced.
