POLICE BANNED FROM USING TEARGAS DURING PROTESTS IN SPECIFIC AREAS

The High Court has granted provisional orders temporarily prohibiting the National Police Service from using tear gas, pepper spray, or any other crowd control measures against peaceful and unarmed demonstrations. The ruling, delivered by Justice Bahati Mwamuye on Thursday, June 27, 2025, comes after growing concerns over police conduct during protests. The orders arise from a petition filed by Kenya Human Rights Commission on Wednesday, challenging the police in use of force against protesters who are exercising their constitutional right to assemble and demonstrate.

In the conservatory directive, the judge banned police from obstructing access to medical services for peaceful demonstrators by using force or chemical agents especially in enclosed or poorly ventilated areas. Moreover, the court prohibited the use of such measures against demonstrators seeking refuge in confined or semi-confined places such as vehicles or buildings with limited ventilations and exits. This is to prevent fatalities and severe injuries resulting from crowd control tactics in restricted environments.

Justice Mwamuye further ordered that the respondents including the NPS and other state agencies be served with the court order by the end of Friday, June 27, 2025 and are required to file their response by July 11, 2025. The hearing date for the main application will be on August 11, 2025, where both parties will present their written submissions in an open court session.