Inspector General of Police Douglas Kanja Evades Jail

Inspector General of Police Douglas Kanja has apologised to the High Court over his failure to personally respond to proceedings concerning the barricading of roads during protests, saying he regretted that it may have conveyed an impression of disrespect for the court.

Kanja appeared before Justice Patricia Nyaundi at the Milimani High Court on Monday, September 28, accompanied by Deputy Inspectors General Eliud Lagat and Gilbert Masengeli, Director of Criminal Investigations Mohamed Amin and other senior officers.

“I sincerely regret that my failure to personally place my position before the Court may have conveyed a contrary impression, and I tender my apology to this Honourable Court in that regard,” Kanja said.

He acknowledged that court orders are binding on everyone, including himself and the National Police Service, and affirmed that neither he nor the police service is above the law.

Kanja explained that the initial response affidavit had been sworn by Nairobi Regional Police Commander Issa Mohammed Mohamud because he was directly in charge of operations on June 25, 2026.

He said the decision was not intended to evade personal responsibility or show disrespect to the court.

The Inspector General also explained that the roadblocks were erected amid what he described as a rapidly changing security situation and were considered necessary to protect life and property.

He said the circumstances did not allow sufficient time to issue the required public advisory before the measures were implemented.

“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,” he said.

“While there was an intention to issue the requisite public advisory, the security situation necessitated an immediate operational response and did not allow sufficient time for the advisory to issue before the measures were implemented.”

Kanja told the court that he had since issued directions to police commanders requiring them to ensure compliance with the court order whenever similar operational circumstances arise.

“I have issued appropriate directions to the relevant commanders and formations within the National Police Service requiring that the terms of the court's order be brought to their attention and complied with whenever operational circumstances contemplated by the order arise,” he said.

Justice Nyaundi subsequently pardoned and discharged Kanja “for today” but warned that a recurrence could result in a custodial sentence.

The contempt proceedings stemmed from an earlier court finding that the police had breached an order barring the barricading of roads during demonstrations, affecting citizens’ freedom of movement.

The court had identified commuters, stranded travellers, health workers and businesses among those affected by the roadblocks.

Petitioners Katiba Institute and the Law Society of Kenya had urged the court to impose a substantial sanction, arguing that repeated forgiveness without consequences could encourage public officials to disregard court orders.

Kanja’s lawyers opposed imprisonment, arguing that civil contempt proceedings are primarily coercive and intended to compel compliance with court orders. They also submitted that an apology can purge contempt in civil proceedings.

Justice Nyaundi said the alleged conduct affecting citizens’ freedom of movement was a grave matter and stressed the importance of contempt proceedings in upholding the authority of the judiciary and the rule of law.

“It is not the intention, and the court derives no benefit from imposing a punitive sentence on you. But you must understand and appreciate that the court will not hesitate to do so if your conduct compels it so,” the judge said.

The judge said Kanja’s personal appearance, apology, affidavit undertaking to ensure compliance and assurance that the issue would not recur informed her decision to pardon him.

“I shall pardon you with a stern warning that if there is a recurrence on this particular issue, I shall not hesitate to consider a custodial sentence. You are therefore discharged for today,” she ruled.

Justice Nyaundi said she would issue a detailed written ruling later in the week. The court also set filing deadlines for the main petition and scheduled the highlighting of submissions for November 12.