The government is facing a lawsuit that says it broke rights by closing main roads into Nairobi’s Central Business District (CBD) during protests 0n Wednesday. These protests marked a year since the deadly clashes over the Finance Bill.
The Katiba Institute took the case to the High Court, claiming the police used illegal blockades to stop public voices. They handed in the petition on Wednesday in Nairobi, arguing against the Inspector General of Police and the Attorney General.
They say putting up barbed wire and police blockades to shut the CBD was against the law and aimed to stop Kenyans from using their rights.
“This urgent petition arises from the police’s decision to barricade roads leading into and within Nairobi’s Central Business District (CBD) using barbed wire and police blockades,” the institute noted in its court papers.
The petition also says that these road closings happened without telling the public and aimed directly at the right to peaceful gatherings and moving freely, which the Constitution under Articles 37 and 39 protects.
Katiba Institute now wants the High Court to declare the police acts were against the Constitution and to make top officials answer for stopping legal protests.
In its papers, the Katiba Institute says the police ignored court decisions that say you can’t just ban protests in the CBD. This includes past cases like Katiba Institute v Inspector General of Police (E349 of 2024) and Law Society of Kenya v Kithinji (E373 of 2024). Both back the right to gather peacefully in public.
Yet, the institute argues, the police keep ignoring the law, putting Kenya’s democracy at risk. The petition claims officials are cutting off rights by making “roadside statements” without any legal standing.
The institute also says that closing roads without asking the public or giving early notice breaks Article 47 of the Constitution, which gives every Kenyan the right to fair actions by authorities.
According to the petition, such police acts threaten Kenya’s legal structure, harm human rights, hurt democracy, and weaken law rule. Katiba Institute is asking the court to quickly order the removal of the barricades, which wrongly limit protest rights.
Moreover, it wants the court to make the Inspector General of Police give public notices before closing roads unless it’s an emergency. Along with other requests, the Katiba Institute wants a lasting court order to ban any future unlawful limits on protest rights and movement freedom.
“This case isn’t just about roads, it is about the future of constitutional governance in Kenya,” the institute said.
The group also urges all government branches to follow the Constitution and is calling on the judiciary to protect democracy by giving the asked reliefs. Katiba Institute says keeping these rights is key to preserving law rule and stopping more loss of freedoms in the country.
