Katiba Institute files contempt case against Police IG Kanja over roadblocks in Nairobi

Katiba Institute has formally signed a contempt of court application seeking to hold the Inspector-General of Police, Douglas Kanja, accountable for violating standing court orders following the erection of barricades across major public roads leading into Nairobi’s Central Business District on Thursday.

The application filed at the High Court in Nairobi under a Certificate of Urgency faults the move by the National Police Service (NPS) to erect the barricades without first issuing a timely advisory or notice to enable the public to plan their activities accordingly, in violation of previous court orders of the same court.

“This conduct is made more troubling by the fact that the 1st Respondent flanked the Cabinet Secretary for Interior who, in a public press conference, assured the public that today would be 'business as usual', yet it is the same Respondent whose actions have caused widespread disruption to ordinary Kenyans seeking to go about their lawful work and earn a livelihood, as well as to those who intended to peacefully commemorate victims of police brutality over the past two years,” the application reads in part.

Katiba Institute said the IG’s continued defiance of the Court’s orders undermines the authority and dignity of the Court, erodes the rule of law, and threatens the constitutional principle that court orders are binding on all persons and State organs unless and until they are varied or set aside.

“Unless this Application is heard urgently and appropriate directions are issued, the Respondents are likely to persist in their unlawful conduct, thereby occasioning continuing violations of the Court’s orders and prejudice to the public whose constitutional rights and freedoms are adversely affected,” the application said.

“Unless this Court intervenes immediately to send a clear and firm message, there is a real and imminent danger that this conduct will go unchecked, and that the authority of the Court and the integrity of the judicial process will be brought into disrepute in the eyes of the Public,” the application adds.

The institute added that public order and human rights are not mutually exclusive. The continued use of unconstitutional measures to suppress peaceful acts of remembrance is unacceptable in a democratic society.

“We urge the courts to act swiftly to uphold the Constitution and remind the National Police Service that no individual or institution is above the law,” the institute said.

The barricades were erected on the morning of June 25, a day that Kenyans had planned to gather in peaceful processions to honour the memories of those who lost their lives during the June 2024 Finance Bill protests.

The Interior Ministry had earlier said that it would be "business as usual," but heavily armed police erected unannounced barricades across major public roads leading into Nairobi’s CBD, a repeat of what happened last year, which pushed Katiba to court.

The court then issued conservatory orders restraining the Inspector General of Police and any subordinate officers from mounting barricades or roadblocks on public roads without issuing a timely, advance advisory to the public.

According to the Public Interest Litigator, the ruling was issued to balance public safety with Kenyans' fundamental rights, explicitly noting that unannounced roadblocks infringe on the constitutional right to freedom of movement (Article 39) and peaceful assembly (Article 37).

Such lockdowns further disrupt economic activity and unnecessarily paralyse the justice system by blocking access to courts.

“From the early hours of Thursday morning, motorists and pedestrians were blocked or forced to turn back at unannounced police roadblocks on major arteries, including Thika Road, Mombasa Road, Waiyaki Way, and routes near Parliament. These actions directly contradict the High Court’s directives and undermine the state's public commitments. Public statements by police leadership, defending these roadblocks as routine security checks, do not exempt the NPS from the legal requirement to provide prior public notice,” the institute added.