The High Court has pardoned Inspector General of Police Douglas Kanja after finding that police had failed to comply with a court order barring the barricading of roads during demonstrations.
The court, however, issued a stern warning to Kanja, saying it would not hesitate to impose a custodial sentence should similar conduct occur again.
The judge noted that Kanja had appeared before the court in person alongside other senior police officers and had given an assurance that the order would be respected and complied with 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 court said the conduct had resulted in a violation of citizens’ freedom of movement, stressing that contempt proceedings were necessary to assert the authority of the court and uphold the rule of law.
The judge said Kanja had also demonstrated how the court order would be implemented going forward and had emphasised 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.
The court warned that should there be another violation, it would consider a custodial sentence against the police chief.
The judge further said the detailed ruling would address the responsibility of the National Police Service in safeguarding the rule of law.
The court directed that, going forward, the police must respect and comply with the order barring the barricading of roads during demonstrations, warning that there should be no recurrence.
