

President William Ruto has criticised those who moved to court and obtained conservatory orders barring the Inspector General of Police from erecting roadblocks within Nairobi and its environs during protests.
The Katiba Institute had moved to court citing the unlawful suspension of fundamental human rights following the events of July 7, where police barricaded major roads leading into Nairobi, ostensibly to prevent Saba Saba protesters from accessing the central business district.
Delivering his ruling on Wednesday, Justice Lawrence Mugambi found that the actions of the National Police Service had infringed on key constitutional rights, including freedom of movement, assembly, and protest as provided under Articles 37 and 39 of the constitution.
“Pending the hearing of the application, a conservatory order is hereby issued restraining the 1st Respondent, the Inspector General of the National Police Service, or any officer subordinate to him, from suspending Articles 37 and 39 of the Constitution by cancelling, disrupting, or interfering in any way with the right to assemble, protest, or picket while peaceful and unarmed,” the judge ruled.
Speaking at State House on Wednesday, Ruto said Kenyans need to understand that their democratic rights end where another person’s rights begin — including the right to own property.
He said that just as the constitution protects the right to assemble and demonstrate, it also provides for the protection of other people’s property during such protests.
The President said this includes measures such as erecting roadblocks, and the use of teargas and water cannons to disperse criminal elements intent on destroying property.
“Nimeona ati leo kuna mtu kortini amesema ati Inspector General ya polisi asiweke roadblock, asitumie teargas, asitumie water cannon kuprotect mali na maisha ya Wakenya wengine na huyo mwenye anasema hiyo, kwake kuna askari wanamchunga,” he said.
(I saw that today someone in court said that the Inspector General of Police should not set up roadblocks, should not use teargas, should not use water cannons to protect the property and lives of other Kenyans — yet the same person saying that has police officers guarding them.)
“How can anyone say that the police cannot protect the lives and property of other Kenyans?” he posed.
During the Saba Saba protests, police reported at least 11 fatalities and 63 injuries, including 52 police officers.
They also said 567 people were arrested and 19 vehicles damaged — 12 belonging to the police, 3 to the government, and 4 to civilians.
The Kenya National Commission on Human Rights (KNCHR), however, released different figures, putting the death toll at 31 and injuries at 107.
It also recorded two enforced disappearances, 532 arrests, and destruction of property of unknown value.
Ruto said there is a reason police erect roadblocks and use teargas and water cannons.
“They are supposed to be used to protect the lives and property of other Kenyans when they are in danger.”
The President said anyone found destroying other people's property should be shot in the leg and hospitalised after which he should face the law.