Editor's note: Read the petition here and the orders here.
The High Court has barred law enforcement officers from shooting at, firing tear gas into, or attacking hospitals, ambulances, emergency medical centers, and places of worship during protests or any form of civil unrest.
This followed a suit filed yesterday by KHRC, which argued that police on Wednesday deliberately targeted these safe spaces to inflict greater harm on injured protesters and medical staff.
On Wednesday, as thousands of Kenyans flooded the streets to demand justice for those killed during the 2024 Gen Z protests, police at around 2 pm fired tear gas canisters at a medical response center set up at Jamia Mosque in Nairobi, injuring patients and medical personnel.
During the 2024 demonstrations, police also fired tear gas into hospitals and churches, including Nairobi’s All Saints Cathedral. Ironically, some of the targeted facilities were treating injured police officers at the time.
Judge Bahati Mwamuye further barred police from using tear gas, chemical agents, water cannons, or any crowd-control measures against unarmed people who have taken shelter in vehicles, enclosed or semi-enclosed spaces, or areas with poor ventilation or limited means of safe and orderly exit.
The KHRC petition argues that police also intentionally blocked key access roads to Kenyatta National Hospital, where many injured protesters are taken, suggesting a deliberate effort to maximize harm.
Now, KHRC seeks to hold the Inspector-General of Police and the Attorney-General accountable if security forces continue to target such protected spaces.
Protesters often seek refuge in churches, mosques, and emergency medical centers, which are regarded as safe havens from state violence. These institutions also provide critical, often life-saving medical treatment during crises.
Under international law, including the Geneva Conventions and Customary International Humanitarian Law, hospitals and other zones established to care for the wounded, the sick, and civilians are considered protected areas. Any attack on such spaces is expressly prohibited.
Last year, police killed at least 63 protesters and injured hundreds more. By 4 pm on Thursday, at least 15 additional protesters had been killed by police during a fresh wave of demonstrations demanding an end to police brutality and enforced disappearances. Over 400 were injured, and dozens remain hospitalized, some with gunshot wounds.