The High Court has summoned the Inspector General of Police, the National Police Service (NPS) and the Attorney General over contempt of court.
The court wants IG Douglas Kanja, NPS and AG Dorcas Oduor to explain why contempt proceedings should not be initiated against them for failing to comply with court orders requiring new regulations on the policing of public demonstrations.
Justice Alfred Mabeya ordered the three respondents to appear before the court on July 21 after they failed to implement directives issued on March 25 requiring them to prepare, develop and publish public order management regulations within three months.
The orders arose from Petition No. 15 of 2024, filed by victims and survivors of the 2023 anti-government protests in Kisumu, who sought justice over alleged police brutality.
In his ruling on Tuesday, Mabeya said the continued absence of the regulations left police officers operating without clear legal guidance when handling public demonstrations protected under Article 37 of Kenya’s Constitution.
“The continued vacuum is dangerous,” the judge said. Mabeya added that members of the National Police Service should no longer operate in a vacuum where it is unknown how they are to engage persons desirous of exercising their rights under Article 37 of the Constitution.
Mabeya also criticised the respondents for failing to seek an extension of the court imposed deadline, saying court orders are not suggestions and should not be ignored.
He said the requirement to develop the regulations stemmed from evidence presented during the petition, noting that many people had been killed or injured while exercising their constitutional right to assemble or while caught up in demonstrations.
The judge said failure to comply with the orders undermined the rule of law and constitutional principles, adding that the respondents could have applied for more time if they were unable to meet the deadline.
Speaking outside the court on Tuesday, Law Society of Kenya Kisumu Chapter Chairperson Dorcas Oluoch said she was disappointed that structural reforms ordered by the court had not been implemented.
On Saba Saba Day, which marks Kenya’s pro-democracy movement, Oluoch said compensation for victims should not replace institutional accountability.
“While compensation is important, what the petitioners want is urgent action and accountability for the harm they suffered and for the loved ones they lost,” she said.
International Justice Mission Justice Programme Manager Ruth Kihuria welcomed the court’s decision, saying it showed the judiciary was prepared to enforce its orders.
“Today’s proceedings clearly demonstrated that the court is determined to uphold its authority,” Kihuria said.
She called for transparent investigations into alleged police abuses and for reparations to be accompanied by accountability.
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