High Court Bans Police from Using Tear Gas on Peaceful Protesters in Safe Zones
The High Court has issued a major ruling that stops police from using tear gas, water cannons, or other forceful crowd-control methods against peaceful protesters who are seeking medical help in designated safe areas.
On Friday, June 27, Justice Bahati Mwamuye ruled that police must not target hospitals, ambulances, emergency medical stations, or places of worship where demonstrators are receiving care during protests.
The decision came after the Kenya Human Rights Commission (KHRC) filed a petition asking the court to urgently protect the rights to life, health, and peaceful protest.
“A conservatory order is hereby granted,” the ruling states, “blocking the National Police Service (NPS) and any agencies working with them from using tear gas, pepper spray, water cannons, or other forceful tactics that disrupt medical access during protests.”
The court further restricted the use of tear gas in closed or poorly ventilated areas, such as inside vehicles or buildings, where protesters may be hiding or seeking shelter.
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The ruling also protects doctors, nurses, and patients from being harmed during protests, following rising concerns about police actions.
The court added, “A conservatory order is issued to stop the police from using force against demonstrators who have entered cars, buildings, or areas with limited airflow or emergency exits.”
In its petition, KHRC said that during the June 25 protests, police deliberately targeted safe zones. At around 2 p.m., officers reportedly fired tear gas into a medical aid station set up at Jamia Mosque in Nairobi, injuring patients and health workers.
KHRC claimed this wasn’t an isolated case. Similar attacks were reported at hospitals and churches, including All Saints Cathedral in Nairobi, where injured protesters had sought refuge.
The group also accused police of blocking roads leading to Kenyatta National Hospital, making it harder for the injured to receive treatment — a move they believe was meant to cause more harm.
KHRC welcomed the court’s decision, calling it a timely and necessary step to protect peaceful demonstrators during emergencies.
High Court Bans Police from Using Tear Gas on Peaceful Protesters in Safe Zones
