Court gives State 4 months to report on public protest management framework

KISUMU, Kenya, Sep 25 — The High Court in Kisumu has given Inspector General of Police Douglas Kanja and other state officials four months to report on steps taken to comply with orders issued over police conduct during the 2023 anti-government protests.

The officials had been cited for contempt after failing to fully comply with earlier court orders requiring the government to establish a framework for the management of public protests and picketing.

The contempt proceedings arose from a case filed by victims and survivors of police brutality during the 2023 protests.

The petitioners were represented by lawyers contracted by International Justice Mission (IJM) Kenya and other human rights organisations.

The court, however, took into account an apology by the respondents and steps they had taken towards compliance.

Speaking outside court after the ruling, lead counsel Moses Omondi said the respondents would now be required to provide regular updates on implementation.

“Every four months they have to report to court on steps taken to ensure that there is full compliance with the court order,” Omondi said.

Omondi said the case had moved from the judgment stage to implementation, with the petitioners continuing to monitor compliance until all the orders are fulfilled.

The original case focused on alleged police violations during the 2023 protests, including the alleged excessive use of force against demonstrators.

The petitioners had sought accountability and measures to prevent similar violations during future public demonstrations.

The court directed the authorities to work towards establishing a public order management framework through the required legal and public participation processes.

Law Society of Kenya Kisumu Chapter chair Dorcas Akinyi welcomed the decision and said lawyers were ready to participate in the anticipated public participation process.

“We are willing and we are able to take part in the public participation that we anticipate will happen so that the public order management framework is put in place through legislation,” Akinyi said.

She also called on the National Police Service to investigate cases of alleged disappearances and other human rights violations.

Akinyi said state officials had a duty to discharge their responsibilities within the law and respect human rights.

Agnes Aron, who represented the petitioners alongside Omondi, said the court had considered the remorse shown by the respondents when determining the contempt application.

“We are happy that they were present and they were able then to see the seriousness of this matter,” Aron said.

The lawyers said they would continue monitoring implementation of the court’s orders.

They also provided an update on compensation awarded to victims in the original case.

Omondi said the necessary order requiring the government to pay the compensation had been extracted and that lawyers were pursuing payment.

“We have extracted an order against the government to pay. We are pursuing, and we will make sure that all the petitioners receive their compensation as per the judgment,” he said.

The court’s supervisory role means the respondents will be required to provide regular updates on their progress.

If the reports are found inadequate, the officials may be required to return to court and face further action over non-compliance.

The petitioners’ lawyers said they would continue monitoring implementation of the orders, including compensation awarded to victims.