The High Court has dealt a blow to the police's efforts to control crowds by issuing conservatory orders that bar the use of tear gas, water cannons, or other crowd-control measures against peaceful protesters seeking medical attention in safe spaces.

In a ruling issued on Friday, June 27, Justice Bahati Mwamuye barred the police from attacking hospitals, ambulances, emergency medical centres, and places of worship where protesters were seeking medical assistance during demonstrations.

This follows a petition filed by the Kenya Human Rights Commission (KHRC), which sought urgent intervention to protect the constitutional right to life, health, and peaceful assembly.

"A conservatory order be and is hereby issued restraining the 1st Respondent and all Officers and Personnel of the NPS and/or all Officers and Personnel of any other agency acting in concert with or assisting the NPS in the discharge of its law enforcement functions from disrupting access to, receipt of, or delivery of medical services by deploying teargas, pepper spray or similar chemicals, water cannon, crowd- control measures," the ruling reads in part.

Protesters during demonstrations held in the Nairobi CBD on Wednesday, June 25, 2025.

Kenyans.co.ke

Japheth Kaimenyi

The ruling also specifically bars police from using teargas or similar chemicals in enclosed or poorly ventilated spaces, such as vehicles or buildings, where protesters may have taken shelter.

It also protects medical personnel and patients from being targeted during protests, a concern raised after concerns were raised.

"A conservatory order be and is hereby issued restraining the 1st Respondent and all Officers against similar actions on demonstrators 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," the ruling continued.

In the petition, KHRC revealed that officers had, during the Wednesday protests, deliberately targeted these safe spaces to inflict greater harm on injured protesters and medical staff.

According to KHRC, police stormed a medical camp during the Wednesday, June 25, protests at around 2 pm and fired tear gas canisters at a medical response center set up at Jamia Mosque in Nairobi, injuring patients and medical personnel.

This, according to KHRC, was not the first time, citing that the officers did the same in the June 25, 2024, protests and lobbed tear gas into hospitals and churches, including Nairobi’s All Saints Cathedral, targeting injured protestors.

The petition argued that the police had gone further to block roads leading to the Kenyatta National Hospital, where many injured protesters were taken, suggesting a deliberate effort to maximize harm.

KHRC welcomes the ruling, terming it the right move to protect protesters in times of need.

Protesters during demonstrations held in the Nairobi CBD on Wednesday, June 25, 2025.

Kenyans.co.ke

Japheth Kaimenyi