A High Court judge on Monday pardoned Inspector General of Police Douglas Kanja over the failure by the National Police Service to comply with a court order barring police from barricading roads during demonstrations.
Justice Patricia Nyaundi, however, warned Kanja that the court would consider a custodial sentence if the police violate the order again.
Kanja appeared before the court in person alongside Deputy Inspector General Eliud Lagat and Director of Criminal Investigations Mohamed Amin as the court considered contempt proceedings arising from the alleged breach.
Justice Nyaundi said Kanja’s decision to personally appear before the court, acknowledge the directive and give an undertaking that it would be respected going forward influenced her decision to pardon him.
“Noting that you have attended court in person, appreciating that you have undertaken and given assurance that this will not happen again, I shall pardon you,” the judge ruled.
The court said the police action had interfered with citizens’ freedom of movement and stressed that contempt proceedings were necessary to protect the authority of judicial orders and uphold the rule of law.
Justice Nyaundi said Kanja had also explained how the order would be implemented in future and assured the court that he had instructed his officers to comply with court directives.
“I appreciate that you have emphasised to your officers that court orders must be complied with,” she said.
The judge warned that any further breach would attract more serious consequences, including the possibility of a custodial sentence against the police chief.
She said the court’s detailed ruling would set out the responsibilities of the National Police Service in ensuring compliance with court orders and safeguarding the rule of law.
The High Court directed the police to strictly comply with the order barring the barricading of roads during demonstrations and warned that there should be no repeat of the conduct.
Tension had been high at the court as Kanja and the senior police officers awaited the court’s decision on the contempt proceedings.
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