While delivering the judgment, justice m. thande observed that : “Prayer against IPOA is moot as evidence has been led demonstrating that it has conducted investigations into the conduct of the police with regard to the protests in question and its monitoring report is on record. Further, investigations are ongoing.”
The High Court has upheld findings by the Independent Policing Oversight Authority and declared as “illegal, unconstitutional and unacceptable” some of the tactics police deployed in their response to Gen-Z demonstrations.
Use of water cannons, tear gas, live ammunition and rubber bullets is one of the methods police devised to counter members of the public demonstrating against the enactment of the Finance Bill 2024, widely referred to as Gen Z protests.
Such means and deployment of brute force or any form of violence against persons exercising their Constitutional rights should not happen in an open democracy like Kenya, the Court further declared.
Sitting in Malindi, Justice M Thande delivered the Judgment on September 30, 2025, following a petition by Siatabao ole Kanchory.
IPOA was listed as the fourth respondent after Inspector General of Police, Cabinet Secretary for Interior and National Administration and the Attorney General. Kenya National Commission on Human Rights and the Law Society of Kenya were interested parties.
IPOA Findings in Brief – Court
Police provided security from a distance , used tear gas, arrests, rubber and live ammunition.
In a majority of instances, police restrained, in others there was use of force which led to injuries and fatalities.
Hooded and masked officers in civilian clothes were deployed, some police vehicles had concealed identities
Some police commanders concealed their badges and name tags .
Police lobbed teargas at the medical camps at Jamia Mosque and the Holy Family Basilica .
In certain instances, protesters turned violent, overpowered police officers damaged and looted property
Read: IPOA Monitoring of Police Conduct During Fianance Bill Demonstrations 2024
Prior to the Judgement, IPOA informed the Court of its mandate to monitor the conduct of police during operations that affect members of the public and in this case, the Gen Z protests that occurred in June, July and August 2024.
Mr. Kanchory was also successful in asking the Court to “declare that the extrajudicial killing, 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.”
But his plea against IPOA flopped after the Court noted: “Prayer against IPOA is moot as evidence has been led demonstrating that it has conducted investigations into the conduct of the police with regard to the protests in question and its monitoring report is on record. Further, investigations are ongoing.”
He wanted the Authority compelled to carry out is duties, a process that had already kicked off, its preliminary findings made public and further investigations are underway.