IG Kanja pardoned over disobedience of court orders during Gen Z demos

By  Richard Munguti

Correspondent

Nation Media Group

What you need to know:

• In mitigation, Mr Kanja stated that neither he nor any member of the National Police Service are above the law.
• Katiba Institute lawyer Malidzo Nyawa has asked the court not to accept the apology tendered by Mr Kanja.

The High Court has pardoned the Inspector General of Police Douglas Kanja in a contempt case where Katiba Institute was pressing for a 15-month jail term for the police boss for disobeying a court order.

While pardoning Mr Kanja, after he tendered an apology, Justice Patricia Nyaundi warned the IG that future defiance of court orders on his part or by the National Police Service will be punished harshly.

Justice Nyaundi noted that Mr Kanja personally attended court flanked by his two deputies Eliud Langat and Gilbert Masengeli.

“I have taken note that the Inspector General of Police, plus the high command of the police service, is in attendance of today’s proceedings and has promised to obey orders of this court now and in future. I pardon him and discharge him,” ruled Justice Nyaundi, who will later in this week give reasons for her decision.

The judge had convicted Mr Kanja for contempt of court after he defied a court order that no road blocks were to be mounted during the demonstrations to mark the first anniversary of the June 25, 2024 Gen Z anti-government protests.

In mitigation, Mr Kanja stated that neither he nor any member of the National Police Service are above the law.

“Security situations are often fluid and intelligence available to the service may change rapidly, sometimes requiring immediate operational decisions to protect life and property, prevent destruction of property and avert a breakdown of public order,” Mr Kanja pleaded before the court.

He further explained that police had to mount roadblocks during the anniversary demonstrations due to the prevailing circumstances.

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

The IG further gave an assurance that he has given cascading orders to all regional commanders to always comply and obey court orders.

Mr Kanja regretted that he never issued a public notice and an advisory prior to the demonstrations.

“That I nevertheless appreciate the finding of this court that the obligation to issue the advisory remained applicable notwithstanding those operational circumstances, and I have taken the observations and concerns of the court,” Mr Kanja stated.

“I have issued appropriate directions to the relevant commanders and formations within the National Police Service requiring that the terms of the courts orders be brought to their attention and be complied with,” he added.

The IG asked the judge not to view him in bad light although he is the one who was sued by Katiba Institute as the 1st respondent.

The affidavit in response to the case was sworn by on Issa Mohammed an Assistant Inspector General and Regional Police Commander Nairobi.

Mr Kanja added that Interior Cabinet Secretary Kipchumba Murkomen had also issued a press statement in respect to the demos and that police had to act according to their Constitutional mandate.

Meanwhile, Katiba Institute lawyer Malidzo Nyawa has asked the court not to accept the apology tendered by Mr Kanja.

“He should be punished for court defiance since orders should never be issued in vain,” the lawyer submitted.

Nyawa stated if the court does not punish Mr Kanja, in future police will defy court orders then appear in court to apologise.

On the other hand, former Law Society of Kenya president Faith Odhiambo urged the court to consider the apology by the IG and all the prevailing circumstances then hand down a verdict.

Senior Counsel Paul Nyamondi, for Mr Kanja, asked the court to accept the apology as it has expunged the contempt.

Mr Nyamondi said the orders of the court were coercive in nature and that they required continuous observance.

In her brief ruling the judge accepted the apology, pardoned and discharged Mr Kanja.

Besides Eliud Langat, Masengeli and Mohammed Amin, the court session was also attended by other senior police officers, among them regional commanders.

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