Families of people who were killed and injured during the 2023 protests in Kisumu and Migori have asked the High Court in Kisumu to jail Inspector General of Police Douglas Kanja and Attorney General Dorcas Agik Oduor for allegedly disobeying court orders requiring the government to develop regulations on the management of public demonstrations.
The application was made before Justice Alfred Mabeya on Tuesday, July 21, 2026, where lawyers representing the families urged the court to sentence the two officials to 10 months in prison for contempt.
According to the petitioners, the Inspector General and the Attorney General failed to comply with earlier court orders directing them to prepare, develop and publish public order management regulations to guide demonstrations and picketing.
The lawyers also faulted the two officials for failing to appear before the court in person despite being summoned, arguing that they instead sent representatives whose explanations for their absence did not satisfy the court.
They further challenged the reasons advanced by the Attorney General's representative, who told the court that Oduor was attending a Cabinet meeting.
“My lord, we have but been given any evidence that there is a cabinet meeting going on today and the reason why AG did not honour court summons and instead send a representative,” the lawyers submitted.
The petitioners maintained that both officials were under a personal obligation to honour the court summons and could not delegate the responsibility to junior officers.
“My lord, the IG and AG cannot delegate duties to subordinates by sending them to represent them in court; we are submitting that the explanations given by the IG and AG representatives are not satisfactory,” they added.
The lawyers urged Justice Mabeya not to accept the explanations offered, saying the conduct of the two officials amounted to open defiance of court orders.
“My lord, it is so demeaning to court for the contemnors not to appear before you as ordered, they are have defied the court orders. We pray you do not be persuaded by the reasons submitted to this court, we propose a 10-month imprisonment for them,” the petitioners’ lawyers submitted to court.
However, the court also heard that implementation of the orders issued by Justice Mabeya had already begun. Counsel representing the Inspector General informed the court that the process of preparing the required regulations was underway and apologised on Kanja's behalf for failing to update the court on the progress made.
The case stems from a petition filed by families of victims of the 2023 protests in Kisumu and Migori, who are seeking accountability and the implementation of court-ordered measures aimed at regulating public demonstrations and picketing.
The matter is expected to proceed as the court considers whether the two senior State officials should be held in contempt.