The Nairobi High Court has pardoned Inspector General of Police Douglas Kanja after finding that the National Police Service breached a court order prohibiting the barricading of roads during public demonstrations. The ruling was delivered on Monday, September 28, when the judge addressed Kanja directly in proceedings that centred on whether police conduct during past demonstrations had unlawfully restricted citizens' freedom of movement.
The court found that the conduct of police officers had infringed on the constitutionally guaranteed right to movement, a violation the bench described as one it takes "very gravely, very seriously." The judge noted that Kanja had attended the session in person and was accompanied by senior officers from the National Police Service. The Inspector General had also filed an affidavit giving an undertaking that he had instructed officers under his command that court orders must be obeyed.
The presiding judge stated that the National Police Service, as one of the key institutions under Kenya's 2010 constitutional framework, carries a direct responsibility for upholding the rule of law. The judge added that the detailed ruling would elaborate further on the constitutional obligations of the National Police Service in relation to citizens' rights. The court ordered that police must, going forward, fully respect and comply with the order barring road barricades during demonstrations.
Judge warns of custodial sentence if order is breached again. Taking all these factors into account, the court opted against imposing a punitive sentence on this occasion. The judge formally discharged Kanja with a stern warning, stating that any recurrence of the same conduct could result in a custodial sentence. "If there is a recurrence on this particular issue, I shall not hesitate, as has been urged by the respondents, to consider a custodial sentence.
The case was filed by Katiba Institute, who said the barricades erected during the Gen Z anniversary protests violated court orders and restricted access to Nairobi’s CBD. The roadblocks reportedly affected major routes, disrupted businesses and blocked access to courts. Katiba Institute also warned they could hinder ambulances and other emergency services.
Inspector General Douglas Kanja appeared before the court in person alongside senior police officers to answer the contempt proceedings. The court found the National Police Service in contempt for barricading roads during demonstrations, in violation of a court order.
The Nairobi High Court ruling was delivered on September 28, 2026, and was reported by current affairs writer Nancy Odindo, who has one year's experience in print and more than five years' experience in digital media.
Key points
- The Nairobi High Court found the National Police Service in contempt for barricading roads during demonstrations.
- Inspector General Douglas Kanja was pardoned by the court after giving an undertaking that he had instructed officers under his command that court orders must be obeyed.
- The court warned of a custodial sentence if the police fail to comply with the order against road barricades.
