The High Court has pardoned Inspector General of Police Douglas Kanja after finding that the National Police Service failed to comply with a court order barring the barricading of roads during demonstrations.
Justice Patricia Nyaundi, however, issued a stern warning to the police chief, saying the court could impose a custodial sentence if the order is violated again.
Kanja appeared before the court in person alongside his deputies Eliud Lagat and Gilbert Masengeli, Director of Criminal Investigations Mohamed Amin and other senior police officers.
In deciding to pardon the Inspector General, Justice Nyaundi took into account his personal appearance in court and his assurance that the police would comply with the order in future.
“Noting that you have attended court in person, appreciating that you have undertaken and given assurance that this will not happen again, I shall pardon you,” the judge ruled.
The court found that the police conduct had resulted in the violation of citizens’ freedom of movement, stressing the importance of contempt proceedings in protecting the authority of the judiciary and upholding the rule of law.
Justice Nyaundi also noted that Kanja had demonstrated how the order would be implemented going forward and had assured the court that he had directed police officers to comply with judicial directives.
“I appreciate that you have emphasised to your officers that court orders must be complied with,” the judge said.
The judge warned that any further violation of the order could lead to a custodial sentence against the Inspector General.
The High Court subsequently directed the National Police Service to respect and fully comply with the order prohibiting the barricading of roads during demonstrations.
Justice Nyaundi said the court’s detailed ruling would further address the responsibility of the National Police Service in safeguarding the rule of law and ensuring compliance with court orders.
