Police acted unlawfully during Gen Z demos - Court

The High Court in Nairobi has ruled that the police acted unlawfully during last year’s Gen Z protests.

Justice Mugure Thande termed the use of water cannons, tear gas, rubber bullets, and live ammunition against demonstrators as unconstitutional and unacceptable in a democratic society.

“A Declaration is hereby issued that the use of water cannons, tear gas, live ammunition, and rubber bullets, and the deployment of brute force or any form of violence against persons exercising their constitutional rights to protest against the Finance Bill, 2024, is illegal, unconstitutional, and unacceptable in an open and democratic society like Kenya,” she ruled.

She delivered the judgment on September 30, 2025, in a petition filed by lawyer and political analyst Saitabao Ole Kanchory against the Inspector General of Police, the Cabinet Secretary for Interior, and the Attorney General.

The Independent Policing Oversight Authority (IPOA) was listed as the fourth respondent, while the Law Society of Kenya and the Kenya National Commission on Human Rights were interested parties.

In his petition, Kanchory accused the State of using “brute force and violence” against peaceful protesters who had taken to the streets to oppose the Finance Bill 2024.

He said many of the young demonstrators were unarmed and peaceful, yet they were met with live bullets, tear gas, and abductions.

“The protesters remained unarmed, peaceful, and even good-natured but were met with police brutality, extrajudicial killings, illegal arrests, and torture,” the petition read.

Justice Thande agreed, declaring that “the use of water cannons, tear gas, live ammunition, and rubber bullets and the deployment of brute force or any form of violence against persons exercising their constitutional rights to protest … is illegal, unconstitutional, and unacceptable in an open and democratic society like Kenya.”

The court also found that the extrajudicial killings, abductions, harassment, and intimidation of protesters amounted to “gross violations of the Constitution.”

“A Declaration is hereby issued that the extrajudicial killings, arrest, abduction, detention, harassment, intimidation, torture, cruel, inhuman, and degrading treatment of persons exercising their constitutional rights to protest against the Finance Bill, 2024 is a gross violation of the Constitution”.

The judgment came after months of nationwide demonstrations led largely by young Kenyans, popularly known as Gen Z, who mobilised online to demand accountability and oppose new taxes.

The protests were widely covered, with videos showing police using excessive force, hooded officers in unmarked cars, and tear gas being lobbed near medical tents.

In her ruling, Justice Thande cited evidence from IPOA, which confirmed that police used both rubber and live ammunition, leading to “serious injuries and fatalities among protesters and even persons not participating in the protests.”

IPOA said it had investigated 59 deaths and 234 injuries, forwarding some cases to the Director of Public Prosecutions.

The judge criticised the deployment of masked police officers and vehicles without registration plates, saying such practices “militate against the constitutional imperative of transparency and accountability.”

“There is a saying where I come from,” Justice Thande ruled, “‘ngari itari namba ni ya muici,’ meaning that a vehicle without number plates belongs to a thief. The conduct of the police … is totally unacceptable in a civilized, open, and democratic society like ours.”

The court further noted that the National Police Service had violated its constitutional duty to uphold professionalism, discipline, and human rights.

It emphasised that police are obligated under Article 244 of the Constitution to “respect human rights and fundamental freedoms and dignity.”

Kanchory also accused the Inspector General of taking illegal instructions from the Interior Ministry, undermining his constitutional independence.

While the court noted that the issue had been overtaken by events due to leadership changes, Justice Thande reaffirmed that “the Inspector-General must exercise independent command over the National Police Service and not take orders from any person or authority.”

Although the petitioner did not receive costs, the court termed the case a matter of public interest, saying that awarding costs would “overburden taxpayers.”

The decision is being hailed as a landmark affirmation of the right to protest in Kenya. Justice

Thande concluded: “The police by their conduct violated the Constitution, specifically Articles 2, 3, 10, 26, 29, 33, 37, 244 and 245.”

The ruling now sets a powerful precedent for accountability in policing and the protection of the constitutional right to peaceful assembly.