Kisumu Court summons IG Kanja, AG Oduor over failure to gazette protest rules

News · Maureen Kinyanjui ·
Kisumu Court summons IG Kanja, AG Oduor over failure to gazette protest rules
Gavel in court
In Summary

The judge said the continued failure to gazette regulations on public order management and the use of force meant the three were operating in defiance of the court's orders, despite earlier directions aimed at protecting the constitutional right to picket.

A Kisumu High Court has summoned Inspector-General of Police Douglas Kanja and Attorney-General Dorcas Oduor to answer for failing to implement court-ordered reforms on the policing of public demonstrations, months after the court directed the government to put the changes into effect.

In a ruling delivered on Tuesday, Justice Alfred Mabeya directed the National Police Service, the Inspector-General and the Attorney-General to appear before the court and explain why disciplinary action should not be taken against them after finding them in contempt of court.

The judge said the continued failure to gazette regulations on public order management and the use of force meant the three were operating in defiance of the court's orders, despite earlier directions aimed at protecting the constitutional right to picket.

The ruling follows a landmark judgment in which the High Court found that state agencies had violated several constitutional rights, including the rights to life, dignity, equality and security of the person.

In March, the same court awarded Sh38.6 million in compensation to victims and families affected by police brutality during protests in Kisumu.

Besides the compensation, the court directed the Attorney-General and the Inspector-General to prepare and gazette regulations to guide the management of demonstrations and the use of force by police officers.

Justice Mabeya said the two offices neither complied with the orders nor sought more time from the court, prompting fresh action against them.

He ordered the National Police Service, Douglas Kanja and Dorcas Oduor to appear before him on July 21, 2026, and show cause why disciplinary measures should not be taken against them.

Law Society of Kenya Kisumu branch chairperson Dorcas Oluoch, who is a party to the case, said compensating victims should not replace reforms ordered by the court.

She said lasting changes in the management of demonstrations can only be achieved if state agencies fully comply with the court's directives.

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