Protesters help medical service providers in evacuating injured protesters on Kenyatta Avenue, Nairobi during June 25 Gen Z commemorative protests. /LEAH MUKANGAI
The High Court in Nairobi has issued a conservatory order aimed at safeguarding access to medical care and humanitarian areas during demonstrations and civil unrest.
In a ruling delivered on June 27, Justice Bahati Mwamuye issued an order restraining the National Police Service and any other agencies acting with it from disrupting access to, or the provision of, medical services by deploying tear gas, pepper spray, water cannons, or any other crowd-control measures against individuals seeking, receiving, or delivering medical care.
The directive followed a petition filed by the Kenya Human Rights Commission (KHRC) on Thursday, which raised concern over alleged attacks by law enforcement on hospitals, ambulances, emergency centres and even places of worship during Wednesday's protests.
The commission cited harm caused not only to demonstrators and medics but also to facilities treating injured police officers.
In a further protective measure, Justice Mwamuye extended the court's restraint to cover non-medical sanctuaries.
“A conservatory order be and is hereby issued restraining the 1st Respondent and all officers and personnel of the National Police Service from deploying teargas or similar chemicals...against unarmed and peaceful persons ... who have thereafter entered into or taken shelter in vehicles, closed or semi-closed spaces, or areas with limited ventilation or limited avenues of safe and orderly exit.”
On Wednesday, at around 2pm, police fired teargas canisters at a medical response centre set up at Jamia Mosque in Nairobi, injuring both patients and medical personnel, as thousands of Kenyans took to the streets to demand justice for those killed during the 2024 Gen Z protests.
During the 2024 demonstrations, police also launched teargas into hospitals and churches, including Nairobi’s All Saints Cathedral.
Ironically, some of the affected facilities were providing treatment to injured police officers at the time.
The KHRC argued that such actions had resulted in harm to both injured protesters and medical staff, and had even affected facilities treating wounded police officers.
Court's restraint is intended to prevent further harm to those seeking refuge from unrest, especially in environments where escape routes are restricted.
Justice Mwamuye directed that the KHRC serve the respondents with the application and the court order immediately, with a series of deadlines set for responses and submissions from both sides.
The matter is scheduled for a hearing on August 11, 2025, where written submissions will be highlighted in open court.
"Any disobedience or non-observance of this order will attract penal consequences for those responsible," Justice Mwamuye warned.
The ruling stands as a strong affirmation of the protection of humanitarian spaces and the rights of all individuals—protesters, medical workers, and bystanders alike—during times of civil unrest.
