KISUMU, Kenya — The High Court in Kisumu has summoned the Inspector General of Police, the National Police Service (NPS) and the Attorney General to explain why contempt proceedings should not be initiated against them for failing to comply with court orders requiring the development and publication of regulations governing public demonstrations and picketing.
Justice Alfred Mabeya issued the summons on Tuesday after finding that the respondents had not complied with orders issued on March 25, 2026, directing them to prepare, develop and publish public order management regulations within 90 days.
The orders arose from Petition No. 15 of 2024, filed by victims and survivors of the 2023 anti-government protests in Kisumu, who sought justice over alleged police brutality during the demonstrations.
In his ruling, Justice Mabeya said the court’s earlier directive was informed by observations made during the hearing of the petition.
“That directive arose from what the court observed first-hand in this petition. For far too long, many have died and been maimed while either trying to exercise that right or while being innocent bystanders. One death is too many,” the judge said.
The court found that no evidence had been presented to demonstrate compliance with its orders.
“There is nothing on record to show that the directive has been complied with,” Justice Mabeya ruled.
Court Faults State for Ignoring Orders
The judge criticised the respondents for failing to seek an extension of time before the expiry of the 90-day deadline.
“If the first, second and third respondents felt they would be unable to comply with the directive, nothing would have been easier than filing an application for extension of time before today,” he said.
Describing the failure as “blatant disobedience of clear court orders,” Justice Mabeya stressed that court orders are binding and must be obeyed.
“Such disobedience is an affront to the rule of law and a breach of the Constitution. Court orders are not suggestions. They are not to be second-guessed,” he said.
The judge warned that the absence of the required regulations continued to leave police officers without clear legal guidance when managing demonstrations.
“The continued vacuum is dangerous. It was expected that members of the National Police Service would henceforth not operate in a vacuum where it is unknown how they are to engage persons desirous of exercising their rights under Article 37 of the Constitution,” he said.
Justice Mabeya reaffirmed that the right to assemble and demonstrate is constitutionally protected.
“That right is not a flowery provision in our supreme law. It is an entrenched constitutional right. The first, second and third respondents will not be permitted to operate as if this country has no laws. They are subject to the law, and they must obey court orders.”
The court directed the Inspector General, the National Police Service and the Attorney General to appear on July 21, 2026, at 9 a.m. to show cause why contempt proceedings should not be instituted against them.
LSK, IJM Demand Accountability
Speaking after the ruling, Law Society of Kenya (LSK) Kisumu Chapter Chairperson Dorcas Oluoch said the petitioners were disappointed that the structural reforms ordered by the court had not been implemented.
“Today is Saba Saba, a very important day in the history of this country. It is a day when we remember the struggle for democracy and celebrate the freedoms whose fruits we now enjoy,” she said.
Oluoch accused state institutions of treating compensation paid to victims as a substitute for implementing the court-ordered reforms.
“We have noted with great regret that institutions mandated to ensure compliance with the court’s orders appear to be treating reparations as an excuse to avoid accountability regarding the structural interdicts.”
She maintained that compensation alone could not replace institutional accountability.
“While compensation is important, what the petitioners want is urgent action and accountability for the harm they suffered and for the loved ones they lost due to alleged police brutality.”
International Justice Mission (IJM) Justice Programme Manager Ruth Kihuria welcomed the court’s decision, saying it demonstrated the Judiciary’s commitment to enforcing its orders.
“Today’s proceedings clearly demonstrated that the court is determined to uphold its authority,” she said.
Kihuria noted that the National Police Service and the Attorney General neither complied with the court’s directive within the stipulated period nor sought an extension of time.
She called for transparent investigations into alleged police abuses.
“Compensation must go hand in hand with accountability. Accountability means justice must be done. Someone must answer for what happened to the petitioners standing behind us.”
