Katiba Institute hails court ruling finding IG Kanja in contempt

Inspector General of Police Douglas Kanja at a past event. [File, Standard]

Lobby group Katiba Institute has welcomed a High Court ruling finding Inspector General of Police Douglas Kanja in contempt, over roadblocks mounted in Nairobi during the June 25 Gen Z anniversary protests.

Justice Patricia Nyaundi found Kanja in contempt of orders issued by Justice Lawrence Mugambi on July 7, 2025, barring police from barricading roads without prior notice to the public.

Police barricaded major roads leading to Nairobi’s Central Business District on June 25 this year, as Kenyans gathered to mark the second anniversary of the 2024 Gen Z-led protests. The notices were intended to allow residents to plan their movements and avoid disruptions.

Justice Nyaundi ordered Kanja to appear before her on September 28 for mitigation and sentencing.

Katiba Institute said the case was not only about the regulation of demonstrations under Article 37 of the Constitution, but also the right to freedom of movement under Article 39.

“The Court emphasised that the matter went beyond the regulation of demonstrations under Article 37 of the Constitution,” the institute said.

“It fundamentally concerns the public's freedom of movement under Article 39, as well as the police's constitutional obligations under Articles 10 and 244 to uphold the rule of law, human rights, transparency, and accountability.”

The High Court further said Kanja remained responsible for ensuring that police officers comply with court orders, adding that internal police procedures could not override a binding judicial order.

The judge also stressed that obedience to judicial orders was fundamental to the rule of law and constitutional governance, saying that ignoring court orders diminishes the Constitution.

Katiba Institute’s executive director Nora Mbagathi welcomed the ruling but expressed concern about the government's compliance with court decisions.

“Although the ruling is welcome, the increasing need to engage the government through contempt applications to secure compliance with judicial decisions does not hold up in a country that should be governed by the rule of law and constitutionalism,” she said.

Hussein Khalid, a witness in the case and Vocal Africa Executive Director also welcomed the ruling. He had testified about his experience with police checkpoints that disrupted his commute through Nairobi.

“As VOCAL Africa, we are satisfied with the ruling and believe that it strengthens accountability and the fight against impunity in police and government,” said Khalid.