The protests against the 2024 Finance Bill in Nairobi

Let's now return to the impact of the demonstrations in Kenya in 2024. The Supreme Court has its problems with the demonstrations: upholding constitutional rights amid state repression. What happened: https://afrikamonamour.blogspot.com/2025/03/analysis-of-william-rutos-politics.html https://afrikamonamour.blogspot.com/2025/04/william-ruto-and-his-misunderstandings.html https://afrikamonamour.blogspot.com/2025/04/echoes-of-war.html https://afrikamonamour.blogspot.com/2025/04/william-ruto-and-echoes-of-war.ht ml https://afrikamonamour.blogspot.com/2025/04/butere-girls-drama-echoes-of-war-next.html https://afrikamonamour.blogspot.com/2025/04/blood-parliament.html https://afrikamonamour.blogspot.com/2025/04/the-impact-of-blood-parliament.html https://afrikamonamour.blogspot.com/2025/05/blood-parliament-and-william-rutos.html The protests against the 2024 Finance Bill in Nairobi marked a turning point in Kenya's democratic history. Thousands of mostly young demonstrators took to the streets to protest tax increases and demand accountability from the government. The demonstrators also raised concerns about corruption and poor governance. The government responded decisively. President Ruto claimed that the protests were infiltrated by individuals seeking to sow chaos and use the military to assist police efforts. This harsh response prompted widespread condemnation from human rights organizations, which reported excessive force, deaths, arbitrary arrests, and even enforced disappearances. The violent crackdown by security forces, including shootings, kidnappings, and arbitrary arrests, triggered a series of judicial interventions by the Supreme Court. These rulings not only condemned police brutality but also reaffirmed the constitutional protection of peaceful assembly. This essay examines the Supreme Court's investigations and rulings, their impact on civic space, and the ongoing struggle for accountability. The 2024 Protests and State Violence The protests erupted in June 2024 after the government introduced a finance bill that drastically increased taxes on essential goods, exacerbating Kenya's cost-of-living crisis. Initially peaceful demonstrations turned deadly on June 25 when security forces opened fire on protesters storming Parliament, killing at least 60 people (some sources reported as many as 130 deaths), including unarmed civilians. The BBC's investigative report later identified individual police officers and soldiers responsible for fatal shootings and revealed that the victims posed no threat. Human rights groups documented widespread human rights violations, including enforced disappearances, torture, and extrajudicial killings by plainclothes police officers. Supreme Court Rulings: Important Judicial Interventions .Revocation of the Protest Ban One of the Supreme Court's most significant rulings came in response to a police order prohibiting protests in Nairobi's Central Business District (CBD). On August 14, 2024 Justice Bahati Mwamuye declared that the ban is unconstitutional, emphasizing that the right to peaceful assembly is enshrined in Article 37 of the Kenyan Constitution. The court ruled that the Inspector General of Police lacked the authority to arbitrarily ban demonstrations, stating: "The right to peaceful assembly is at the heart of every democratic society and is guaranteed by our Constitution." The ruling also mandated that police officers wear recognizable uniforms and name tags at protests and prohibited the use of masked or plainclothes officers to suppress dissent. Compensation for Violated Rights In a landmark ruling, the Supreme Court awarded 2.2 million KSh (approximately US$15,700) in damages to eleven protesters whose rights were violated during the crackdown. Each plaintiff received 200,000 KSh (approximately US$1,400) for the excessive force, unlawful arrest, and degrading treatment they suffered, including tear gas, water cannons, and live ammunition. The court found that the police actions violated several constitutional rights, including: - Freedom of expression (Article 33) - Protection from torture (Article 29) - Right to due process (Article 49) The ruling set a precedent for the accountability of law enforcement agencies for brutality. Investigations into police killings and abductions The Supreme Court considered cases alleging police misconduct during the demonstrations. There were numerous reports and evidence of excessive use of force. Although the Supreme Court did not directly prosecute security forces, its rulings put pressure on oversight bodies such as the Independent Police Oversight Authority (IPOA) to investigate abuses. By April 2025, the IPOA had documented 60 protest-related deaths, with 22 cases fully investigated and two referred for prosecution. However, progress remained slow, and no senior official was held accountable. The Supreme Court's involvement extends to broader issues of the right of assembly and the legal framework for demonstrations in Kenya. Article 37 of the Constitution guarantees the right to peacefully and unarmed assembly, to demonstrate, to organize vigils, and to petition. However, the state has frequently invoked public order concerns to restrict this right. The Supreme Court's rulings following the 2024 demonstrations reaffirmed the primacy of the constitutional right to protest and opposed overly sweeping restrictions. These decisions contribute to the further development of jurisprudence on the right of assembly in Kenya and may lead to legislative or policy changes that better protect these freedoms. Challenges and Unresolved Issues Despite the High Court's rulings, systematic impunity persisted: - Delayed prosecutions: Few cases reached trial, many stalled due to a lack of witnesses or insufficient evidence. - Ongoing abductions: Following the protests, the number of enforced disappearances of activists spiked. By December 2024, 82 cases had been registered. - Government resistance: Officials dismissed reports of abuses as "fake news" and accused the BBC's exposé of "incitement to violence." Conclusion: A Fragile Victory for Justice In this context, the Supreme Court became an important body for challenging the state's actions and holding it accountable. The court's involvement is evident in several key areas. First, the court addressed the legality of the demonstrations themselves. In a significant ruling, the Supreme Court declared the ban on protests in Nairobi's central business district imposed by the Inspector General of Police unconstitutional. Justice Bahati Mwamuye argued that the blanket ban violated the constitutionally guaranteed rights to peaceful assembly, freedom of expression, human dignity, and protection from unjustified arrest. The court also struck down the requirement that protests have designated leaders who coordinate with the police, as this constituted an unlawful restriction of fundamental rights. This ruling reaffirmed Kenyans' constitutional right to peaceful protest and set an important precedent against arbitrary restrictions by state authorities. The High Court's interventions represented a crucial check on state power and strengthened constitutional protections for the right to protest. However, the lack of meaningful prosecutions underscores Kenya's culture of impunity. For justice to prevail, the judiciary must ensure that its rulings translate into concrete accountability—not just compensation for victims, but also prosecutions for perpetrators. As Kenya's youth continue to demand reform, the courts remain a key battleground for democracy. Key takeaways 1. The Supreme Court invalidated police bans on protests, upholding constitutional rights. 2. Victims of police violence were awarded compensation, setting a precedent. 3. Investigations into killings and abductions suffered delays, and accountability was minimal. 4. The role of the judiciary is critical in curbing state repression, but enforcement remains weak.