High Court Rules That Use of Excessive Force Against Peaceful Protesters Is Illegal

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by TIMOTHY CERULLO

The High Court on Friday, June 28, issued a directive barring the national police service from using water canons and tear gas against peaceful demonstrators.

Police officers were ordered to halt using live ammunition, rubber bullets, crude weapons and other draconian measures against those protesting against the Finance Bill.

The High Court also directed the officers manning demonstrators to stop deploying brute force or any form of violence or committing any extrajudicial killings.

The High Court further ordered police to stop unnecessary arrests, abductions, detentions, harassment, intimidation, torture, and cruel, inhuman and degrading treatment against peaceful protesters.

Protestors and medics scampering for shelter after police threw teargas at the All Saints Cathedral in June 2024

ALL SAINTS CATHEDRAL

The court issued the directives following a petition filed by Saitabao Ole Kanchory who sought the court’s intervention following the recent brutalities witnessed across the country.

In his petition, Kanchory sued the Inspector General of Police, Japhet Koome, the Interior Cabinet Secretary Kithure Kindiki and the Attorney General Justin Muturi.

While issuing the orders, the court restrained the police service from engaging in the above acts until the petition which was filed before it was heard and determined.

“That pending inter partes hearing and determination of this Application, the 1st and 2nd Respondents be and are hereby prohibited from committing any extrajudicial killings,” read part of the court order. 

“The 1st and 2nd Respondents be and are hereby prohibited from arrests, abductions, detentions, harassment, intimidation, torture, cruel, inhuman and
degrading treatment of persons protesting against the Finance Bill, 2024.”

The directive follows days after several Kenyans were shot while attempting to access the parliament buildings, a tragic incident that left some dead while others nursing critical injuries.

Sounds of gunshots could be heard from a distance as police officers pelted tear gas canisters and splashed water in an attempt to disperse the adamant demonstrators.

Similarly, today’s directive comes a day after the High Court upheld the deployment of the military to help police officers control demonstrators against interfering with critical government infrastructure.