Gen Z protesters awarded Sh2.2 million as court declares police ban illegal
Justice Mwamuye ruled that the police had acted ultra vires—beyond their legal powers—and emphasised that peaceful protest is a fundamental right in a democratic society
The High Court has declared the ban of protests issued last year by the then Nairobi regional Commander Adamson Bungei as illegal.
In his ruling, Justice Bahati Mwamuye stated that the ban violates the Constitution specifically infringing on the rights to peaceful assembly, freedom of expression, human dignity, protection from arbitrary arrest, and due process, as enshrined under Articles 27, 28, 29, 33, 37, 49, and 244 of the Constitution.
Justice Mwamuye ruled that the police had acted ultra vires—beyond their legal powers—and emphasised that peaceful protest is a fundamental right in a democratic society.
He awarded the Gen Z protesters Ksh 2.2 million in general and exemplary damages to the 11 petitioners, granting each Ksh 100,000 as compensation for the violation of their constitutional rights.
The ruling comes after protesters filed a case against the media alert issued by the Nairobi Regional Police Commander Adamson Bungei on June 18, 2024, where he declared a ban on protests and public assemblies within Nairobi’s Central Business District (CBD).
Eleven petitioners argued that during the protests, the police used excessive force on participants, including by beating them with batons, lobbing teargas at them, and spraying them with water cannons.
“The Respondents beat, clobbered, maimed and tortured persons participating in the peaceful march, and in the process also treated them in a cruel, inhuman or degrading manner,” they argued
They also explained that the police illegally used live bullets on unarmed and peaceful persons participating in the peaceful demonstration.
They averred that they were illegally and indiscriminately arrested by the police under the direct orders of the inspector general of police, Bungei, while participating in the peaceful march.
They submitted that they were never informed of the reasons for the arrest and were also never granted the right to communicate with the advocate of their choice or any other person.
Further, they urged the court to order the police to compensate them for the violations of their rights.
