Kanja escapes jail but High Court warns of prison over future roadblock breach

Kenya’s High Court has pardoned Inspector General of Police Douglas Kanja after finding that police failed to comply with a court order prohibiting the barricading of roads during demonstrations.

The court stopped short of imposing a custodial sentence on the police chief but issued a stern warning that any repeat violation could result in Kanja being sent to prison.

The matter arose from allegations that police had continued to block roads during protests despite an existing court order requiring the National Police Service to refrain from barricading roads during demonstrations.

Kanja appeared before the court in person alongside other senior police officers, where he gave assurances that the order would be respected and implemented going forward.

“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 court ruled.

The judge said the police conduct had interfered with citizens’ freedom of movement, stressing that contempt proceedings were necessary to protect the authority of the court and uphold the rule of law.

The court noted that Kanja had also demonstrated how the order would be implemented in future and had communicated to his officers that court orders must be obeyed.

“I appreciate that you have emphasised to your officers that court orders must be complied with,” the judge said.

Despite pardoning the Inspector General, the court made clear that the decision should not be interpreted as permission for similar conduct to continue.

The judge warned that should another violation occur, the court would consider imposing a custodial sentence against Kanja.

The court also said its detailed ruling would address the responsibility of the National Police Service in safeguarding the rule of law and ensuring compliance with judicial orders.

Going forward, police have been directed to respect the order barring the barricading of roads during demonstrations.

The court warned that there should be no recurrence, placing the police leadership on notice that any further breach could attract more serious consequences.

The ruling therefore leaves Kanja out of custody for now, but with a clear judicial warning that a repeat breach could lead to a significantly harsher outcome.

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