The Judiciary has issued a
clarification on temporary court orders concerning the barricading of roads by
police, following media reports that misrepresented a ruling delivered by the
High Court in Katiba Institute vs State Law Office, Petition No. E389 of
2025.
In a statement released on Thursday,
July 10, the Judiciary said the court did not prohibit the Inspector General of
Police or any police unit from mounting barricades or roadblocks.
Instead, the temporary orders issued
by the court restrain them from blocking public roads without issuing timely
advisories or notices to the public.
"The orders are limited to
imposing a requirement for prior and timely advisory/notices to the public
before the emergency barricading of roads," said the Judiciary
Spokesperson Paul Ndemo.
The clarification follows a petition
filed on June 25, 2025, by Katiba Institute challenging the blocking of roads
by the police without prior notice.
The petitioner cited the
inconvenience and disruption caused to the public.
The court declined to issue
immediate orders at the time of filing and instead scheduled the matter for
hearing on July 9, 2025.
The State Law Office, which had been
served, failed to respond or appear in court.
As a result, the court granted
temporary orders in favour of the petitioner, pending the hearing and determination
of the application.
The decision was based on the
failure of the State Law Office to respond or participate in the proceedings.
The Judiciary further emphasized
that the intention of the orders is to ensure that members of the public are
informed in advance to plan their movements accordingly.
