Inspector General of Police Douglas Kanja has apologized to the High Court for failing to personally respond to proceedings concerning roadblocks during protests. Kanja appeared before Justice Patricia Nyaundi at the Milimani High Court on Monday, September 28, accompanied by senior police officers. He expressed regret that his absence may have conveyed disrespect for the court. Kanja acknowledged that court orders are binding on everyone, including himself and the National Police Service.
Kanja explained that the initial response affidavit had been sworn by Nairobi Regional Police Commander Issa Mohammed Mohamud because he was directly in charge of operations on June 25, 2026. He said the decision was not intended to evade personal responsibility or show disrespect to the court. The roadblocks were erected amid a rapidly changing security situation and were considered necessary to protect life and property. Kanja said the circumstances did not allow sufficient time to issue a public advisory before the measures were implemented.
The Inspector General told the court that he had since issued directions to police commanders requiring them to ensure compliance with the court order whenever similar operational circumstances arise. He emphasized that the police service is not above the law and affirmed his commitment to upholding court orders. Kanja's apology and assurance that the issue would not recur were key factors in the court's decision.
The contempt proceedings stemmed from an earlier court finding that the police had breached an order barring the barricading of roads during demonstrations. The court had identified commuters, stranded travelers, health workers, and businesses among those affected by the roadblocks. Petitioners Katiba Institute and the Law Society of Kenya had urged the court to impose a substantial sanction on Kanja.
Kanja's lawyers opposed imprisonment, arguing that civil contempt proceedings are primarily coercive and intended to compel compliance with court orders. They also submitted that an apology can purge contempt in civil proceedings. The lawyers' arguments were considered by Justice Nyaundi, who ultimately decided to pardon Kanja.
Justice Nyaundi warned Kanja that a recurrence could result in a custodial sentence. She stressed the importance of contempt proceedings in upholding the authority of the judiciary and the rule of law. The judge said Kanja's personal appearance, apology, and affidavit undertaking to ensure compliance informed her decision to pardon him.
The court set filing deadlines for the main petition and scheduled the highlighting of submissions for November 12. Justice Nyaundi said she would issue a detailed written ruling later in the week. Kanja was discharged "for today" after tendering his apology and undertaking to comply with court orders.
Key points
- Inspector General of Police Douglas Kanja apologized to the High Court for failing to respond to proceedings on roadblocks during protests.
- Kanja was pardoned and discharged by Justice Patricia Nyaundi but warned that a recurrence could result in a custodial sentence.
- The court proceedings stemmed from a breach of an order barring roadblocks during demonstrations, which affected citizens' freedom of movement.
