Kenya’s Katiba Institute has filed a constitutional petition at the High Court in Nairobi, accusing the Inspector General of Police, Douglas Kanja, and the Attorney-General, Dorcus Oduor, of violating Kenyans’ constitutional rights to peaceful assembly and movement.

The petition challenges the Kenya police’s decision to barricade key roads leading into and within Nairobi’s Central Business District (CBD), using barbed wire and police blockades without prior notice on June 25, 2025.

The Institute argues that the actions, which occurred on June 25 2025, were designed to prevent citizens from exercising their constitutional rights to demonstrate and picket, as protected under Articles 37 and 39 of the Constitution.

“This is not just about roads,” the Institute stated. “It is about the future of constitutional governance in Kenya,” said Katiba Institute.

According to Katiba, the barricades are not only unlawful but also a direct defiance of previous court rulings that prohibit blanket bans on protests in the CBD.

The statement cites earlier judgments in Katiba Institute v Inspector General of Police (E349 of 2024) and Law Society of Kenya v Kihinjii (E373 of 2024), where similar actions were deemed unconstitutional.

Katiba Institute contends that the rights and freedoms guaranteed under the Constitution are being arbitrarily suspended through roadside decisions made without any legal basis.

 

It adds that the blocking of roads without advance notice or public consultation amounts to a violation of Article 47, which demands fair administrative action.

 

The Institute warns that such actions undermine the constitutional order, erode democratic gains, and pose a threat to human rights and the rule of law.

 

In its petition, the Institute is seeking urgent conservatory orders for the immediate removal of the barricades.

It also wants the court to compel the Inspector General to issue timely notices before initiating any non-emergency road closures.

Further, the petition calls for a permanent bar on any future actions that unreasonably limit the rights to protest and movement.

Emphasising that the case is not merely about road access but about the future of constitutional governance in Kenya, Katiba Institute urged all state actors to respect the Constitution.

 

The organisation has called on the court to uphold the rule of law and safeguard the rights of all Kenyans.