Police must lead by example in respecting court orders - CJ Koome tells IG Kanja

Chief Justice Martha Koome has cautioned the newly appointed Inspector General of Police Douglas Kanja on the importance of respecting court rulings as he begins his tenure.

Speaking during Kanja’s swearing-in ceremony on Thursday, Koome said the police cannot operate in isolation and must adhere to the broader framework of justice.

She noted that the police, judiciary, prosecution, and correctional services must work together under the National Council on the Administration of Justice (NCAJ) to ensure justice is delivered effectively.

“The challenges we face in the justice sector can only be effectively tackled when we embrace a collaborative spirit. We must eliminate turf wars and silo mentalities that hinder the delivery of justice to the Kenyan people,” she said.

She warned that if the police fail to comply with lawful court decisions, it would severely undermine justice.

“The police service must lead by example, setting a standard of compliance that other citizens can emulate. The rule of law is fragile and requires constant vigilance to preserve it. Any deviation from lawful conduct, especially by the security apparatus, risks leading us down the path of anarchy. We must guard against this by ensuring that law enforcement remains anchored in legality, accountability, and respect for human rights,” Koome said.

She reminded Kanja of his vital role in upholding the law, emphasising that it also involves respecting court orders.

“The new Inspector General of Police bears the immense responsibility of upholding the rule of law. The police, as the enforcers of law and order, must themselves be the most ardent defenders of constitutionalism and the rule of law. This includes respecting and enforcing court orders without exception,” she said.

Koome voiced her concern about the diminishing public trust in justice institutions, noting that when the police act within the law, they strengthen societal stability and public confidence.

“What we have witnessed in the past few days threatens the very foundation of our society. It erodes public confidence in the ability of our institutions to respect and abide by the rule of law and respect for our constitutional ideals,” she said.

Presided over the swearing-in of Mr. Douglas Kanja as Inspector General of Police. I urged him to always remember and have it in mind that law enforcement does not exist in isolation. The police service is a critical cog in the broader justice sector machinery. The effectiveness… pic.twitter.com/vIiUj1vhT4

— Hon. Justice Martha K. Koome, FCIArb, EGH (@CJMarthaKoome) September 19, 2024

She urged the new leadership to restore public faith, saying, “It must never happen again. I hope that with the appointment of substantive leadership, we can restore faith in the leadership of the National Police Service and indeed, our success as collaborative justice sector partners.”

The CJ remarks follow the recent case involving Deputy Inspector General Gilbert Masengeli, who was sentenced to six months in jail for contempt of court after defying six summons related to the abduction of three individuals in Kitengela.

The Court of Appeal on Thursday rejected Masengeli’s appeal to suspend his jail term, with the sentence set to begin this Friday, September 20, 2024.