NAIROBI, Kenya Sep 17 – The High Court has found Inspector General of Police Douglas Kanja in contempt of court over the failure by police to comply with orders requiring advance public notice before erecting roadblocks and barricades.
Justice Patricia Nyaundi ruled that Kanja failed to ensure compliance with conservatory orders issued by Justice Lawrence Mugambi on July 9, 2025.
Consequently, Kanja has been directed to appear before the High Court on September 28, 2026, for mitigation and sentencing.
The case arose after police erected roadblocks and barricades on major roads leading into Nairobi’s Central Business District during events marking the anniversary of the 2024 Finance Bill protests.
Katiba Institute challenged the police action, arguing that the roadblocks were mounted without the advance public advisories required under the existing court order.
In her ruling, Justice Nyaundi said the issue was not only about demonstrations and the constitutional right to peaceful assembly under Article 37.
The judge linked the case to the freedom of movement guaranteed under Article 39, as well as the police’s obligations under Articles 10 and 244 to uphold the rule of law, human rights, transparency and accountability.
The court also held that Kanja remained responsible for ensuring that officers under his command complied with the orders.
Justice Nyaundi stressed that internal police procedures could not override a binding court order.
Katiba Institute Executive Director Nora Mbagathi welcomed the decision but raised concern about what she described as the growing need to use contempt proceedings to force government institutions to obey court decisions.
“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,” Mbagathi said.
Hussein Khalid, Executive Director of VOCAL Africa and a witness in the case, said the ruling was important in strengthening accountability.
“As VOCAL Africa we are satisfied with the ruling and believe that it strengthens accountability and the fight against impunity in police and government,” Khalid said.
The contempt proceedings followed the police deployment during the June 25, 2026 events.
Major roads and routes into the Nairobi CBD were barricaded, affecting motorists, workers and other members of the public.
The restrictions affected several major routes, with reports of roadblocks on roads including Thika Road, Mombasa Road and Waiyaki Way.
Katiba Institute had argued that the restrictions affected freedom of movement and could also interfere with access to essential services.
The rights organisation had earlier moved to court seeking to hold Kanja personally accountable for the alleged breach of the orders.
