Inspector General of Police Douglas Kanja has been found in contempt of court for not issuing a notice prior to establishing roadblocks.
The High Court at Milimani determined that Kanja violated a conservatory order issued on July 9, 2025, by Justice Lawrence Mugambi.
The judge has mandated the police IG to appear in court on September 28 for mitigation and sentencing.
The order that Kanja disobeyed aimed to restrain him and any subordinate officers from creating barricades or police roadblocks that obstruct public access to Nairobi’s central business district or other public roads “without providing a timely advisory or notice prior to the emergency barricading of roads, allowing citizens to plan their activities accordingly.”
Katiba Institute requested that the police be cited for contempt for disobeying the orders issued on July 9 and October 2, 2025.
Additionally, they sought appropriate punishment for the IG for failing to comply with these court orders.
In its arguments, the institute emphasized that disobeying court orders undermines the rule of law, asserting that the dignity and authority of the courts must be respected and upheld.
Katiba Institute informed the High Court that on June 25, despite a clear and valid conservatory order, the Inspector General and his officers closed all major roads leading into Nairobi.
These included Roysambu, Kangemi, Ngong Road, City Mortuary Roundabout, Integrity Centre, Uhuru Highway/Haile Selassie Roundabout, and Moi Avenue, among others.
As a result, members of the public could not access areas beyond the barricades, constituting a direct and deliberate violation of the court order, which required timely advisories before emergency road closures to enable citizens to plan their activities.
The applicant cited Hussein Khalid’s affidavit, detailing his journey from Athi River to the central business district, where he encountered a barricade at Kitengela Roundabout. After being informed that no vehicles heading to town would be allowed through, he abandoned his vehicle and faced further police barricades at Mlolongo, Syokimau, SGR Corner, Southern Bypass, and Bunyala Roundabout.
He expressed surprise at the situation, especially after the CS for Interior, accompanied by the Inspector General, had assured the public the day before that June 25 would proceed as a normal day, with protesters being escorted along designated routes.
Katiba Institute pointed out that no timely advisory was issued, contrary to the order.
They argued that these deployments hindered access to the central business district and other areas of Nairobi: commuters were turned away, long-distance travelers were stranded, health workers faced challenges reaching hospitals, and businesses experienced disruptions.
The institute noted that the Inspector General’s explanations contradicted the CS’s statement that statutory powers must align with the constitution and comply with lawful court orders. His failure to respond personally or demonstrate compliance justified citing him for contempt.
The IG denied any willful disobedience.
The respondents contended that the contempt application lacked merit, asserting that the affidavit provided by the Nairobi regional police commander met the evidentiary requirements for quasi-criminal proceedings.
They argued that the Inspector General could not be cited without evidence of personal authorization of the alleged actions.
Furthermore, they claimed that no notice was given for the demonstration and that “any assembly on that day was unlawful under Section 5(10),” asserting that the police were acting within their mandate to prevent disorder.
They described the checkpoints as “entirely unplanned, non-structural, and spontaneous,” established in response to immediate threats rather than a top-down directive, and emphasized that genuine demonstrators were allowed to proceed.
The court rejected this defense, concluding that the Inspector General had misinterpreted the order, replacing the requirement for notice before “pre-planned, structural road closures” with the actual obligation to issue timely advisories prior to emergency barricading.
The court noted that Kanja had appeared alongside the CS on June 24, when the public was assured that the following day would be normal.
Justice Patricia Nyaundi concluded that the failure to issue any advisory, despite being aware of the restricted movement, constituted willful disobedience.
“I therefore find the Inspector General in contempt of the Order of the Court issued on July 9, 2025, for failing to issue an advisory before the emergency barricading of roads,” the judge ruled.
“I hereby direct that Douglas Kanja Kirocho attend court on September 28, 2026, for mitigation and sentencing.”
