The High Court has pardoned Inspector General of Police Douglas Kanja in a contempt case after he personally appeared in court and assured the court that police officers would comply with court orders.
In her ruling on Monday, Justice Patricia Nyaundi noted that Kanja had attended court personally and was accompanied by senior National Police Service officers. She also took into account his undertaking, contained in an affidavit, that he had instructed his officers that court orders must be obeyed.
Nyaundi said the case raised serious concerns over the National Police Service’s conduct and its impact on citizens’ right to movement, stressing that the police are central to safeguarding the rule of law.
“The issue that arose in these proceedings was the extent to which your conduct occasioned a violation of citizens' right to movement,” the judge said.
“We take that very gravely, very seriously. I trust you also do so.”
“I appreciate that you have also given your undertaking in your affidavit, that you have emphasized to your officers that court orders must be complied with,” Nyaundi said.
The judge said the purpose of contempt proceedings was to assert the authority of the court, but added that she had no intention of imposing a punitive sentence where compliance could be secured.
“It is not the intention, and the court derives no benefit from imposing a punitive sentence on you,” she said.
However, Nyaundi warned Kanja that the court could impose a custodial sentence if the conduct was repeated.
“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,” she said.
Kanja had been found in contempt after police erected roadblocks and barricades around Nairobi during protests on June 25, 2026, with the court holding him personally responsible for failing to ensure compliance with an earlier order regulating such deployments.
The conservatory order, issued in July 2025, required police to notify the public before putting up roadblocks or barricades in connection with demonstrations.
Despite the order, police blocked routes including Uhuru Highway, Moi Avenue, Parliament Road, Roysambu, Kangemi and Ngong Road. The restrictions also affected families seeking to access Parliament to lay flowers, while police fired tear gas and arrested 355 people across the country.
Katiba Institute challenged the police action, accusing officers of deliberately violating the court order.
Police disputed the allegations, arguing that the measures were not centrally coordinated and that the order did not completely bar security checkpoints, roadblocks or traffic diversions.