The Katiba Institute has filed a constitutional petition at the High Court in Nairobi challenging what it describes as the unlawful barricading of roads in the capital’s Central Business District (CBD) by police forces, which it claims violates fundamental constitutional rights.
The petition targets the Inspector General of Police and the Attorney-General, claiming that security operations carried out on Wednesday, June 25, 2025, to seal off major routes into and within the CBD amount to an illegal restriction on the rights to peaceful assembly and free movement.
“This urgent petition arises from the police’s decision today to barricade roads leading into and within Nairobi’s Central Business District (CBD) using barbed wire and police blockades,” the Institute stated. “These actions, undertaken without notice, aim to prevent people from exercising their rights to demonstrate and picket as enshrined in Articles 37 and 39 of the Constitution.”
The petition comes on the same day that demonstrations were held in Nairobi to commemorate lives lost during last year’s nationwide protests against the Finance Bill.
Protesters, civil society groups, and legal watchdogs have raised concerns over increased police presence and what they view as blanket crackdowns on public gatherings.
In its petition, Katiba Institute references prior High Court rulings—specifically Katiba Institute v Inspector General of Police (E349 of 2024) and Law Society of Kenya v Kithinji (E373 of 2024)—which explicitly prohibited blanket bans on peaceful assemblies in the city centre.
The Institute argues that today’s actions demonstrate a disregard for those judgments.
“The rights and freedoms guaranteed under the Constitution are being suspended through roadside declarations without any legal basis,” the statement reads.
The petition further asserts that the lack of prior notice or consultation regarding the closures violates Article 47 of the Constitution, which guarantees fair administrative action. Katiba Institute is seeking urgent conservatory orders to compel the police to remove the blockades and to require advance notice before future non-emergency road closures.
The Institute is also asking the court to issue a permanent prohibition against what it calls the “unlawful limitation” of constitutional rights.
“This petition is not just about roads,” the statement concludes. “It is about the future of constitutional governance in Kenya.”
As of Wednesday evening, neither the Office of the Inspector General nor the Attorney-General had issued a formal response to the petition.
The Katiba Institute, a constitutional research and litigation organization, has consistently played a prominent role in legal advocacy on governance, public accountability, and human rights in Kenya.
Martin Oduor
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