The High Court has spared Inspector General of Police Douglas Kanja a custodial sentence after convicting the police chief of contempt over police roadblocks and barricades mounted during the June 25, 2026 protests in Nairobi. Justice Patricia Nyaundi, who delivered the ruling on Monday, September 28, said the court would not impose a punitive sentence on Kanja who appeared. Apologised, in person before the court, flanked by senior police officers and assured compliance with the court order within the National Police Service.

The judge, however, warned Inspector General Kanja that he would not hesitate to impose a prison sentence if the violation of the court order was repeated.

“It is not the intention. The court derives no benefit, from imposing a punitive sentence on you but you must understand that the court will not hesitate to do so if your conduct compels it,” Justice Nyaundi said. “On this particular occasion I shall pardon you with a stern warning that if there is a recurrence on this issue, I shall not hesitate to consider a custodial sentence,” she added.

Kanja appeared before the Milimani High Court with Deputy Inspectors General Eliud Lagat and Gilbert Masengeli, Director of Criminal Investigations Mohamed Amin and other senior officers. Kanja apologised for failing to appear in person before the court to respond to the contempt application, saying this may have created an impression that he was not serious about the issue.

“I sincerely regret that my failure to personally place my position before the Court may have conveyed a contrary impression. I tender my apology to this Honourable Court in that regard,” Kanja said.

The Inspector General of Police acknowledged that court orders are binding on him and the National Police Service and assured the court that he has taken steps to ensure that officers under his command comply with the court order. Kanja said the initial response to the proceedings was made by Nairobi Regional Police Commander Issa Mohammed Mohamud as he was directly in charge of police operations in Nairobi on June 25. He said the roadblocks were mounted in response to what police considered a fast-evolving security situation.

“In the circumstances giving rise to the present proceedings, the roadblocks and other security-control measures were considered necessary in response to the prevailing security situation and the need to maintain public safety and order,” Kanja said.

He added that the situation required an immediate operational response and did not allow enough time for the required public advisory to be issued before the roadblocks were mounted.

The case was brought after police restrictions on access to Nairobi during the June 25 demonstrations. Katiba Institute challenged the police actions arguing that officers had violated an earlier court order which required the National Police Service to issue timely public advisories before erecting emergency roadblocks or barricades.

The order, which was issued in July 2025 by Justice Lawrence Mugambi, required the National Police Service to ensure that whenever there was an intention to erect emergency roadblocks or barricades, a public advisory was given to enable members of the public to move freely and safely. On September 17, Justice Nyaundi found Inspector General Kanja personally responsible for failing to ensure compliance with the order and directed him to appear before the court to mitigate and be sentenced.

The court held that the requirement to notify the public in writing was intended to enable members of the public to plan their movements and avoid disruption to their daily lives caused by unplanned and unannounced roadblocks and barricades. Justice Nyaundi also held that the requirement to give a public advisory was a justiciable right under the freedom of movement guarantee in the Constitution of Kenya and related it to the obligation of the National Police Service to uphold constitutional and human rights.

Monday’s decision does not overturn the earlier finding of contempt but spares Kanja a punitive sentence. Overall, the court accepted Kanja’s apology and assurance to ensure compliance and took his personal appearance before the court into account when it decided not to impose a punitive sentence.

The ruling, however, leaves the door open for a custodial sentence if the National Police Service violates the same requirements again. Justice Nyaundi directed that the relevant court order be cascaded throughout the National Police Service and made it clear that non-compliance with the requirements would attract a more severe response in the future. For Kanja, the immediate risk of imprisonment has passed but the National Police Service chief can expect a more severe response if he violates the same requirements again.