Court keeps watch as police face pressure to comply with protest ruling

The High Court in Kisumu has ordered continued judicial oversight of measures to regulate police conduct during public demonstrations after declining to immediately punish senior officials for failing to fully comply with earlier orders.

The proceedings stem from a petition over police conduct during the 2023 anti-government protests in Kisumu, in which victims and survivors challenged the actions of security officers during the demonstrations.

Lawyers representing the petitioners, with support from International Justice Mission (IJM) Kenya and other human rights organisations, said the respondents had acknowledged shortcomings in complying with the court’s earlier directives and had taken steps towards implementation.

Moses Omondi, lead counsel for the petitioners, said the court had ordered the respondents to report every four months on progress towards compliance.

“Every four months they have to report to court on steps taken to ensure that there is full compliance with the court order,” Omondi said.

The reporting requirement will remain in place until the court is satisfied that its judgment has been fully implemented, the lawyers said.

They said the court had taken into account an apology from the respondents and measures already taken towards compliance before declining to impose immediate sanctions for contempt.

The officials could, however, be summoned back to court if future reports fail to demonstrate satisfactory progress, the lawyers said.

The case has now moved into the implementation phase of the original judgment, according to the lawyers.

The Law Society of Kenya’s Kisumu Chapter said it was ready to participate in public consultations expected to inform the development of a legal framework governing demonstrations and picketing.

Dorcas Akinyi, chair of the chapter, said lawyers would continue to press for respect for constitutional rights and accountability by security agencies.

“We are happy with the decision of the court. The court will be exercising its supervisory jurisdiction to ensure that the structural interdict is complied with,” Akinyi said.

The court’s continued oversight comes amid broader concerns about police conduct during protests and allegations of human rights violations.

Akinyi said the National Police Service had a duty to investigate reported disappearances and other abuses and ensure that those responsible were held accountable.

“It behoves all duty bearers to undertake their mandates in accordance with the rule of law. And if not, we are here to check them,” she said.

The lawyers also said efforts were under way to secure compensation for victims covered by the original judgment.

Omondi said an order requiring the government to compensate successful petitioners had been extracted and that the lawyers were pursuing payment.

“We are pursuing, and we will make sure that all the petitioners receive their compensation as per the judgment,” he said.

The court’s continued supervision means the matter remains open while state agencies report on measures taken to comply with the judgment, including work towards a framework governing public demonstrations.

The petitioners’ lawyers said they would continue monitoring compliance and return to court if the directives were not implemented.