Silverio Omari
The decision by Acting Inspector General of Police Douglas Kanja to ban demonstrations in Nairobi’s Central Business District (CBD) amid ongoing anti-government protests has sparked debate over the police service’s legal authority to enforce such orders. The ban was announced just a day before planned protests, where largely youthful Generation Z protestors intended to march from Uhuru Park to State House, demanding President William Ruto’s resignation.
In a statement, Acting IG Kanja explained that there were concerns about potential disruption by troublemakers infiltrating the protests and that the lack of leadership among the Gen Z protestors made it challenging for the police to ensure their safety. He argued that the prohibition of demonstrations was necessary to maintain public safety.
Constitutional lawyer Bobby Mkangi told Citizen Digital that the law does not grant the police the power to impose an indefinite ban on demonstrations.
Mkangi clarified that the Public Order Act allows the police to prevent protests only in specific circumstances: when there is another demonstration at the same venue or when there is an imminent threat to the protesters and the public.
“The Constitution does not authorize any person or authority to ban a demonstration outright. The Public Order Act permits the police to stop or prevent demonstrations only under conditions such as another protest being scheduled at the same time and place, or when there is a clear and present danger to the demonstrators and others. The law does not allow for a blanket or indefinite ban on demonstrations,” Mkangi explained.
The lawyer also noted that the law does not require protestors to belong to a specific group or have a designated leader, as long as they notify the police of their intention to hold a demonstration in advance.
Dj Vnyash
