NAIROBI, Kenya — The High Court has pardoned Inspector General of Police Douglas Kanja after finding him in contempt over police failure to comply with an order regulating the use of roadblocks and barricades during demonstrations.
The court, however, issued a stern warning that Kanja could face a custodial sentence if a similar breach occurs in future.
The case arose from police barricades mounted on roads leading into Nairobi’s Central Business District during the June 25, 2026 commemorations of the 2024 Finance Bill protests.
Kanja Spared Jail After Personal Appearance
The court opted not to impose a custodial sentence after Kanja appeared personally and assured the judge that the police would comply with the court’s orders going forward.
The judge said Kanja’s personal attendance, undertaking and demonstration of how the police would implement the order justified the decision to pardon him.
The court also noted that the police chief had instructed officers under his command to comply with judicial orders.
Police Had Barricaded Nairobi Roads
A previous High Court order required police to issue a timely public advisory before mounting emergency barricades, allowing members of the public to plan their movements.
Justice Patricia Nyaundi previously found Kanja personally responsible for failing to ensure compliance with the order.
The court rejected the argument that the barricades were spontaneous security measures that did not require prior notice.
Court Warns of Jail if Breach Happens Again
Although Kanja has now been spared punishment, the court made clear that the reprieve should not be interpreted as permission to disregard future orders.
The judge warned that another violation could result in a custodial sentence.
The court directed the National Police Service to ensure that the conduct does not recur and that officers respect the order governing road barricades during demonstrations.
Freedom of Movement at Centre of Case
The court said failure to comply with the order interfered with citizens’ freedom of movement and underscored the importance of contempt proceedings in enforcing judicial authority.
The dispute also raised questions about the police’s obligations when managing demonstrations and balancing public security with constitutional rights.
The case was brought after Katiba Institute challenged the manner in which police restricted access to Nairobi during the June 25 demonstrations.
Court Orders Police to Respect Judicial Directives
The latest ruling places responsibility on the police leadership to ensure that court orders are communicated and implemented by officers on the ground.
Kanja’s assurance to the court formed a key part of the decision to spare him a custodial sentence.
The court is expected to issue further reasoning on the responsibility of the National Police Service and the importance of complying with judicial orders.
