Editor's Review
Inspector General of Police Douglas Kanja is set to face sentencing after the High Court found him in contempt of conservatory orders issued by Justice Lawrence Mugambi on July 9, 2025.
Inspector General of Police Douglas Kanja is set to face sentencing after the High Court found him in contempt of conservatory orders issued by Justice Lawrence Mugambi on July 9, 2025.
In a ruling delivered by Lady Justice Patricia Nyaundi, the Court determined that Kanja had failed to ensure compliance with the orders, which required him and police officers under his command to provide timely public notices before barricading roads or setting up checkpoints.
The Court noted that such advisories are intended to give members of the public an opportunity to plan their journeys and avoid disruptions caused by unexpected road closures and police checkpoints.
Justice Nyaundi held that the case was not solely about how demonstrations are regulated under Article 37 of the Constitution.
She said the proceedings also raised fundamental questions concerning the freedom of movement guaranteed under Article 39 and the police service’s constitutional responsibilities under Articles 10 and 244.
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The provisions require public institutions and officials to uphold principles including the rule of law, human rights, transparency and accountability.
The Court also placed responsibility on the Inspector General to ensure that officers serving under his command comply with judicial directives.
It made clear that police procedures cannot be relied upon to disregard or supersede a court order that remains in force.
Justice Nyaundi further stressed the importance of obeying court orders to the functioning of constitutional governance and the rule of law.
She warned that failure to respect judicial decisions undermines the authority of the Constitution.
The proceedings also considered the impact that unannounced police checkpoints and road blockades have had on members of the public.
Hussein Khalid, the Executive Director of VOCAL Africa and a witness in the case, had given evidence about his experiences navigating checkpoints that affected his movement through the city.
Following the ruling, Khalid welcomed the Court's decision, saying it would strengthen efforts to hold public institutions and police officers accountable.
"As VOCAL Africa we are satisfied with the ruling and believe that it strengthens accountability and the fight against impunity in police and government," he said.
Katiba Institute Executive Director Nora Mbagathi similarly welcomed the judgment but raised concerns about the increasing reliance on contempt proceedings to compel government institutions to obey court orders.
"Although the ruling is welcome, the increasing need to engage the government through contempt applications to secure compliance with judicial decisions does not hold up in a country that should be governed by the rule of law and constitutionalism," she stated.
Kanja is required to appear before the High Court on September 28, 2026, when the Court will hear mitigation before proceeding to sentencing.
Elsewhere, this comes days after the National Police Service Commission (NPSC) flagged a fake court ruling circulating online that purports to have stripped the commission of its powers to recruit and promote police officers.
The document, which was circulated on social media on Wednesday, September 16, claimed that the Employment and Labour Relations Court ruled that the NPSC is not a national security organ and has no constitutional mandate to recruit, train, appoint, promote, suspend or dismiss police officers.
It further claims that the court declared the recruitment of 10,000 police constables unconstitutional, null and void, while also purporting to bar the NPSC from undertaking future recruitment and promotions.
The document attributed the alleged ruling to Justice Hellen Wasilwa and claims that the Attorney General was directed to draft amendments to the NPSC Act and National Police Service Act within 90 days.
The circulating document also claims that the National Police Service would take over recruitment planning and concludes that Inspector General of Police Douglas Kanja would become the sole employer of police officers.
However, NPSC dismissed the document as fake, indicating that the claims contained in it should not be treated as an authentic court ruling.
