CJ Martha Koome Judiciary clarifies High Court ruling on police barricading roads during protests. Photo: Martha Koome X.
The Judiciary has clarified that the High Court did not bar police from erecting roadblocks, as witnessed during Monday July 7, in commemoration of historical Saba Saba Day.
In his ruling, High Court Judge Justice Lawrence Mugambi stated that the barbed wires, barricades and police blocks blocking citizens from accessing the Central Business District and its streets must be removed, save for a reasonable and limited perimeter around protected areas.
In a case filed by the Katiba Institute, which argued that the police actions on Saba Saba amounted to an unlawful suspension of fundamental rights under Article 23 of the Constitution by setting up roadblocks on major routes into the CBD, effectively shutting down access.
During Saba Saba protests police had erected roadblocks in all main entry points to the Nairobi CBD, which not only disrupted transport, but Kenyans who were reporting to work after Public Service Cabinet Secretary Geoffrey Ruku said that it was not a holiday.
Despite the National police Service (NPS) claiming the measures were meant to control Saba Saba protests, the court termed the response excessive and unjustified.
In its clarification on Thursday, the Judiciary said that it directed the Inspector General (IG) of Police to issue prior notice to the public before any barricading.
However, President William Ruto had cricitised the ruling by Mugambi, for failing to address the real danger and further undermines efforts to protect life and property during protests.
Nimeona ati leo ato kuna mtu kortini amesema Inspector General of Police asiweke roadblock, ati asitumie water cannon, asitumie teargas kulinda mali na maisha ya Wakenya wengine. Huyo anasema hivyo, lakini yeye mwenyewe anachungwa na polisi… gari yake inaongozwa na askari. Alafu anasema mali ya wananchi wengine haina maana,” visibly angry Ruto remarked.
