The High Court of Kenya has imposed strict limitations on the Kenya Police Service’s crowd control tactics during protests.
Justice Mugure Thande issued an order barring the police from using water cannons, tear gas, live ammunition, rubber bullets, and any other weapons deemed crude or harmful.
The decision comes in response to a petition filed by activist Saitabao Ole Kanchory, challenging the methods used by law enforcement against demonstrators opposing the controversial Finance Bill 2024.
In her ruling, Justice Thande stated
“I find the petitioner has demonstrated that the petition is arguable and not frivolous. Second, she has demonstrated that it is in the public interest that the orders sought are granted.”
Extrajudicial Killings, Arbitrary Arrests, Abductions
The court ruling explicitly forbids the police from engaging in extrajudicial killings, arbitrary arrests, abductions, unlawful detentions, harassment, intimidation, torture, or any form of cruel, inhuman, or degrading treatment against protesters of the Finance Bill 2024.
Kanchory’s petition highlighted several alleged abuses by the police, including arbitrary arrests, illegal abductions, and the systematic intimidation of protesters.
The activist argued that these actions constitute severe violations of citizens’ fundamental rights, particularly their right to liberty and freedom from torture.