The High Court has spared Inspector General of Police Douglas Kanja a custodial sentence, despite finding that police failed to comply with a court order barring the barricading of roads during demonstrations.

Justice Patricia Nyaundi issued a stern warning to Kanja, cautioning that the court would not hesitate to impose a custodial sentence should such a violation occur again. According to the judge, Kanja personally assured the court that the order would be respected and complied with going forward.

Justice Nyaundi noted that Kanja had appeared in court in person, accompanied by senior officers of the National Police Service (NPS).

“I will in my detailed ruling set out that one of the institutions that is the focus of our constitutional dispensation from 2010 is the National Police Service,” the judge said. “And you are at the centre of safeguarding the rule of law.”

“Noting that you have attended court in person, accompanied by senior officers in the NPS, and appreciating that you have given an assurance that this will not happen again, I shall pardon you,” the court ruled.

The court found that the order had been violated, infringing on citizens’ freedom of movement. It emphasised that contempt of court proceedings are important both for upholding the rule of law and for affirming the authority of the court.

“I appreciate that you have emphasised to your officers that court orders must be complied with,” Justice Nyaundi added.

The court warned that any further violation of court orders would attract a custodial sentence, and directed that a detailed ruling would address the National Police Service’s duty in upholding the rule of law. It further directed that police must respect and comply with court orders, including the one prohibiting the barricading of roads during demonstrations, warning that it must not be repeated.

                                                          APERIT FM, HII NI YETU