On June 27, 2025, the High Court of Kenya at Nairobi’s Milimani Law Courts, presided over by Justice Bahati Mwamuye, issued temporary orders in a case brought by the Kenya Human Rights Commission against the State Law Office and the National Police Service Commission. The orders address the use of crowd-control measures by police that disrupt medical services and endanger peaceful protesters.
The court’s first order prohibits the National Police Service and related agencies from using teargas, pepper spray, water cannons, or other crowd-control tactics that interfere with access to, receipt of, or delivery of medical services. This measure aims to ensure that individuals seeking or providing medical care face no disruption from law enforcement actions. Consequently, the order prioritizes public safety and access to healthcare during police operations.
Additionally, the court restrained police from deploying teargas, water cannons, or similar measures against unarmed, peaceful individuals who have sought shelter in vehicles, enclosed spaces, or areas with limited ventilation and exits. This directive seeks to prevent harm to demonstrators exercising their constitutional rights to assemble and petition public authorities.
To ensure compliance, the court mandated immediate service of the application, petition, and orders to the respondents, with an affidavit of service due by the end of June 27, 2025. Respondents must file their responses by the same date, while the petitioner is required to submit rejoinders and written submissions by July 25, 2025. Further submissions and rebuttals are scheduled for early August, with the application set for hearing on August 11, 2025, in open court.
As the case progresses, it will likely shape discussions on police conduct and public safety in Kenya’s democratic landscape. This ruling responds to a Notice of Motion Application filed on June 26, 2025, seeking to protect fundamental rights during public demonstrations.
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