The Nairobi Regional Police Commander, Issa Mohamud/FILE
The National Police Service has defended the erection of roadblocks across Nairobi during the June 25, 2026 commemorations, telling the High Court that the security measures were reactive responses to unfolding security threats rather than a pre-planned operation requiring prior public notice.
In a replying affidavit filed in response to a contempt application by Katiba Institute, Nairobi Regional Police Commander Issa Mohammed Mohamud argues that the roadblocks and security checkpoints mounted on June 25 did not violate existing court orders because they were not part of a centrally coordinated plan.
Mohamud, who swore the affidavit on behalf of the Inspector General of Police, says the conservatory orders issued by Justice Lawrence Mugambi on July 9, 2025, did not impose an absolute ban on police from mounting roadblocks, security checkpoints or traffic diversions.
Instead, he argues, the court orders required police to issue prior public advisories only where they intended to implement pre-planned or structural road closures.
"I am advised that the true intent and spirit of the court order underscored the operational need for transparency, public predictability and the issuance of prior public notices or advisories whenever pre-planned, structural road closures are contemplated," Mohamud states.
According to the police, no organiser notified the respective Officer Commanding Stations (OCS) within Nairobi County of any planned demonstrations or processions three days before June 25, as required under Section 5 of the Public Order Act.
The affidavit states that the statutory notice is not intended to seek police permission to demonstrate but enables officers to plan security deployments, safeguard demonstrators and non-demonstrators, and maintain public order.
Mohamud argues that because no such notifications were received, the police could not formulate a pre-planned traffic management strategy.
Instead, he says, the checkpoints were established in response to real-time security assessments conducted by field commanders as events unfolded.
"Any inevitable vehicular and pedestrian traffic inconveniences experienced on that day were entirely spontaneous and reactive, arising dynamically from real-time threats to public safety assessed on the ground by individual field and station commanders," he states.
He further maintains that the deployments were not ordered through a top-down operational decision by the Office of the Inspector General, but resulted from independent assessments made by area commanders in their respective jurisdictions.
According to the affidavit, the temporary checkpoints were intended to identify and isolate individuals suspected of planning acts of violence while allowing peaceful demonstrators and members of the public to continue with their activities.
The police also contend that, apart from legally protected government installations, the checkpoints did not amount to blanket road closures or violations of the constitutional right to assemble and demonstrate.
Mohamud argues that the deployment of temporary security checkpoints is a routine policing measure authorised under the National Police Service Act, the Public Order Act and the National Police Service Standing Orders.
He urges the court to dismiss the contempt application, terming it speculative and an attempt to interfere with operational decisions made by officers responding to rapidly changing security situations.
The replying affidavit is in response to an application filed by Katiba Institute.
The application seeks to have the Inspector General of Police cited for contempt over the erection of roadblocks across Nairobi during the June 25 commemorations.
The rights organisation argues that the police acted in defiance of conservatory orders issued by Justice Lawrence Mugambi in July 2025 restraining them from blocking access to Nairobi's Central Business District and other public roads without issuing prior public notice.
Katiba Institute contends that despite those orders, police mounted roadblocks at several entry points into Nairobi.
This includes Roysambu, Kangemi, Ngong Road, City Mortuary Roundabout, Integrity Centre, Uhuru Highway, Moi Avenue, Parliament Road, Karen, Kitengela, Ruiru and Githurai, allegedly without informing the public in advance.
“The conduct set out above constitutes a direct and deliberate violation of the orders of this Honourable Court and warrants immediate judicial intervention,” their application states.
The organisation argues that the measures disrupted normal activity and affected people travelling for work, healthcare, and other daily engagements.
Katiba Institute is asking the High Court to cite the Inspector General for contempt and impose appropriate sanctions, arguing that the alleged disobedience of the court orders undermines the rule of law.
