When will court act? Kanja dodges jail as another fines Standard top bosses over a story

The Inspector General of Police Douglas Kanja. [Benard Orwongo,Standard]

The High Court has pardoned the Inspector General of Police Douglas Kanja following the police barricading of roads in Nairobi during the second anniversary of the June 25 protests without issuing the required public advisory, which is now four times that the police boss has become the guest of the court over court order compliance.

Justice Patricia Nyaundi, in her ruling,  said that one of the institutions that is the focus of the  2010 Constitution dispensation was the police, and Kanja was at the centre of safeguarding the rule of law.

“The issue that arose in these proceedings was the extent to which your conduct occasioned a violation of citizens’ rights to movement. We take that very gravely, very seriously. I trust you also do so. What the court seeks to do is to assert its authority,” said Nyaundi.

She observed that Kanja had committed to the police to comply with court orders and gave an assurance that, in future, his juniors would have a clear process of managing protests. However, she said that although it is not the court’s intention or wish to punish him, it would not hesitate to do so if his conduct called for the court to do so.

She gave a stern warning that if there is a recurrence of the issue, she would not hesitate to consider a custodial sentence.

“It is also not lost on me that you are accompanied by your senior officers in the Police Service. Noting that you have attended court in person, appreciating that you have undertaken and given an assurance that this will not happen again, I shall pardon you. I appreciate that you have emphasized to your officers that court orders must be complied with,” said Justice Nyaundi.

The Judge had initially been personally responsible for failing to ensure compliance with an order requiring the National Police Service to notify the public before mounting emergency roadblocks or barricades.

In his explanation, Kanja said that he regretted that he did not immediately give a personal account, adding that he also regretted that the police did not issue a timely advisory before putting the blockades.

“I wish to assure this Honourable Court that there was no intention on my part to disregard, defy or diminish the authority of the court or its orders,” he said, adding that security is often fluid, which requires precautions whenever there is intelligence on possible harm to people or property.

“In the circumstances giving rise to the present proceedings, the roadblocks and other security-control measures were considered necessary in response to the prevailing security situation and the need to maintain public safety and order.”

“I remain committed, in the discharge of my duties as Inspector-General, to ensuring that officers under my command understand and comply with lawful Court orders while continuing to discharge the constitutional mandate of the National Police Service to maintain law and order, preserve peace and protect life and property,” Kanja continued.

His lawyer Paul Nyamodi explained that the issue arose from an error of omission and not a deliberate act.

Nyamodi added that his client took the processes of the court seriously.

“He has attended various courts as and when he is required to do so. I wish to put on record that the

He attended the court alongside Deputy Inspector Generals of Police Eliud Lagat and Gilber Masengeli, and Director of Criminal Investigations Mohammed Amin, Dr Wanderi Mwangi, Director Personnel, Phillip Opiyo, the Director Operations, John Kamau, Director Reforms, Amos Omuga, Director Legal, of National Police Service, Samson Kiptum, Director Operations DCI, and Jackson Kangani, director operations administration police and Nyaga Muchiri, Director Communication of the police.

The case stems from an application filed  Katiba Institute who accused the police of violating conservatory orders issued by Justice Lawrence Mugambi on July 9, 2025. The orders required the Inspector General or officers under his command to issue a timely advisory before emergency barricading of roads.

Katiba’s lawyer Joshua Malidzo argued that the orders of the court were clear and should have been complied with.

Katiba Institute said police nevertheless mounted roadblocks at several locations on June 25, including Roysambu, Kangemi, Ngong Road, City Mortuary Roundabout, Integrity Centre, Uhuru Highway, Moi Avenue, Parliament Road, Karen, Kitengela, Ruiru and Githurai.

“The conduct set out above constitutes a direct and deliberate violation of the orders of this Honourable Court and warrants immediate judicial intervention,” argued Malidzo.

The lobby further argued that the restrictions disrupted movement and affected people travelling to work, seeking healthcare and attending to other daily activities.

It is not the first time that Kanja has been a guest of the court over compliance with orders. Last year, Kanja was required to appear before Justice Chacha Mwita to present evidence on the then missing persons; Justus Mutuma, Martin Mwau, and Karani Mwema, who were abducted on December 16 and 17, 2024.

Justice Chacha Mwita ( now a Court of Appeal judge) expressed deep concern over the failure to comply with court orders by the top security officials, warning that the full force of the law will be brought down on them.

"Before citing them for contempt of court, I will give the two an opportunity. I direct the IG and DCI to release the three petitioners (Mutumwa, Mwau, and Mwema) immediately and unconditionally, or bring their bodies before this court,' Justice Mwita said.

The decision by Justice Mwita to compel the IG and DCI boss to appear in court personally came hours after another judge, Bahati Mwamuye, temporarily suspended orders requiring the two police bosses to appear before him on Monday, January 27, 2025, regarding the abductions of seven other young men.

The court had previously ordered Kanja and Amin, along with George Njao, the Director-General of the NTSA, to attend court proceedings over the disappearances of Billy Munyiri Mwangi, a college student, Ronny Kiplangat (the brother of cartoonist Kibet Bull), content creator Bernard Kavuli, and Peter Muteti, as well as the still-missing Bernard Kavingo.

In response, Kanja, in public statements, expressed willingness to cooperate with the court, stating that the investigation into the disappearances of the men was ongoing and "at an advanced stage." Kanja also promised that the police would fully cooperate with the court proceedings.

"I will appear personally in court to provide an update on what has been uncovered so far. The DCI and my team have been instructed to ensure the investigation is thorough, and we will continue working until this matter is resolved," Kanja stated.

Kanja, Deputy Inspector General Eliud Lagat and Basic Education Principal Secretary John Ololtuaa were also summoned to appear before court to explain the alleged failure to implement court orders barring the government from interfering with the management of Gatoto Community Primary School. 

Justice Gregory Mutai were directed the country's top security chiefs, the PS, alongside the Nairobi Director of Education and Senior Deputy County Education Officer Erick Mulevu, to personally appear before the court on July 24,2026  after the school's management filed contempt of court applications accusing State officials of defying an earlier High Court judgment.

The contempt application stemed from a landmark judgment delivered by Justice Bahati Mwamuye, who declared that the government's attempt to convert the Mukuru Kwa Reuben-based community school into a public institution was unconstitutional, illegal and contrary to the Basic Education Act.

In the judgment delivered last year in July, Justice Mwamuye held that Gatoto Community Primary School remains a private, non-profit Alternative Provision of Basic Education and Training (APBET) institution and not a public school as claimed by the Ministry of Education.

Justice Mwamuye ordered that the management of the school be restored to its original owners and barred the Ministry of Education from registering or administering the institution as a public school.

The judge nullified the certificate of registration issued on October 15, 2024 by the  Ministry of Education, which had reclassified the school as a public institution, describing the process as unconstitutional and undertaken in violation of statutory procedures.

He further ordered the Nairobi County Education Board to re-register the school within 60 days as a private, non-profit APBET institution under the ownership and management of its Board of Management.

To safeguard the school's independence, Justice Mwamuye also permanently restrained the Ministry of Education, police, education officials and local administrators from interfering with the institution's management or attempting to alter its legal status except within the limits of lawful statutory oversight.

The court further declared that Robinson Kombo, who had been at the centre of the disputed takeover, had no legal mandate to participate in the governance of the school.

Justice Mwamuye found that the education and security officials had acted outside the law in attempting to seize control of the institution, holding that no government agency has the authority to forcibly take over a community-founded school that it neither established nor finances.

He observed that the attempted takeover disregarded the constitutional right to fair administrative action and jeopardised the education of more than 1,000 learners from the informal settlement who depend on the donor-funded institution.

Despite those orders, the school's management, led by  Gideon Ndambuki, a representative of the Board of Directors, returned to court claiming State agencies had failed to facilitate the restoration of the Board of Management and had instead continued to frustrate implementation of the judgment.

Appearing for the petitioners, Law Society of Kenya President Charles Kanjama, alongside Senior Counsel Martha Karua, told the court that attempts to enforce the orders were met with hostility on several occasions, including the latest last week.

Kanjama informed the court that a vehicle belonging to Karua was attacked and stoned by suspected goons while the legal team attempted to serve and implement the court orders last week.

He also accused Mukuru Kwa Reuben Officer Commanding Station Benson Mbai of failing to provide adequate police security despite being aware that court orders were being enforced.

According to the petitioners, several vehicles belonging to advocates and representatives of the school's management were damaged during the confrontation.

The owners accused several state actors of orchestrating the attempted takeover, including the Officer Commanding Station (OCS) at Mukuru Kwa Reuben, the Assistant County Commissioner, the Sub-County Education Officer, the area Chief, a representative of the Nairobi County Education Board, and the Nairobi County and Regional Directors of Education.

According to the petitioners,Mr Robinson Kombo, with the backing of the Nairobi County Education Board, forcefully entered the school on several occasions, issued threats to teachers and the Board of Management, incited parents and staff, and unlawfully initiated the process of re-registering the institution as a public school without legal authority.

They further stated that the government appointed a new headteacher, arguing that the decision was made without consulting the school's lawful Board of Management and formed part of a broader scheme to wrest control of the donor-funded community institution.

In response, lawyer Nyamodi urged the court should not allow the new owners use the police to run the institution.

DIG Kanja appeared in court and explained the difficulty the police were facing after which the court ordered the deployment of three police officers at the cost of the school's board of management.