High Court bars police from arresting or summoning governors

Court gavel/FILE

The Judiciary of Kenya has issued sweeping temporary orders barring the arrest or detention of county officials and associated persons in a fast-tracked constitutional petition filed at the Kiambu High Court.

In directions delivered on April 8, 2026, Justice Bahati Mwamuye certified the case as urgent and granted a conservatory order stopping the 3rd and 4th respondents from summoning, arresting, or detaining any interested parties over directives issued by the Senate of Kenya and the National Assembly of Kenya.

The orders were issued pending the inter partes hearing and determination of an application filed on April 7, 2026, by petitioners Ashton Ngugi Gichuhi and Charles Mugane against the two Houses of Parliament and 51 other respondents.

The court further directed that the petitioners immediately serve all respondents and interested parties with the application, petition, and court order, and file proof of service by close of business on April 9.

Responses to the petition and application are to be filed by April 14, with any rejoinders due by April 16. Parties supporting the application must submit written submissions by April 17, while those opposing have until April 20.

The matter will be heard virtually on April 21 at 10:30am through the highlighting of written submissions, with a ruling scheduled for April 24 at the same time.

Justice Mwamuye also issued a penal notice warning that any disobedience of the court order will attract legal consequences.

The case now sets the stage for a high-stakes legal showdown involving Parliament and multiple state actors, with interim relief already shielding county officials from enforcement actions tied to the contested directives.