High Court Bars Police From Using Teargas

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Friday, June 27, 2024 –After allowing the government to deploy Kenya Defence Forces KDF officers during demonstrations, the High Court has also barred the police againts use of teargas cannisters.

In its sitting of Friday June 28, the court listed water cannons and use of teargas by the police as a crime in quelling peaceful protests.

The court also warned the State against unnecessary arrets of people protesting on the streets; saying their rights are interfered with anytime the police start arresting them despite being unarmed.

In the same line, the court has stopped the police from using live ammunitions, crude weapons, rubber bullets and other unlawful means to deal with peaceful crowds.

“That pending inter parties 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 court has also warned the police on duty against excessive use of force or any other form of violence including extra judicial killing resulting from both day and night abductions.

The petition that won the case had been filed by Lawyer Saitabao Kanchory who had gone to court to seek its intervention following recent activities of police harassment and brutality against young protesters in Nairobi.

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 determined.