"He Is Operating Outside the Constitution" Katiba Institute Takes IG Kanja Back to Court Over June

The Katiba Institute has officially filed an urgent petition at the High Court suing Inspector General of Police Douglas Kanja for contempt of court.

The prominent constitutional oversight body accuses the police chief of blatant defiance of standing judicial protections after security forces completely locked down Nairobi’s Central Business District using extensive barricades and barbed wire.

The legal action stems from the extensive security operations mounted during the June 25 Gen Z anniversary protests, which effectively paralyzed transit across the capital city.

The legal lobby argues that these massive roadblocks, erected entirely without prior public notice or administrative justification, arbitrarily suspended citizens' fundamental rights to freedom of movement and peaceful assembly.

By systematically cutting off key arterial entry points into the city center, law enforcement units deliberately prevented peaceful demonstrators from gathering to commemorate the victims of past anti-government protests.

Katiba Institute contends that these spontaneous closures violate fair administrative procedures and represent an extra-constitutional attempt to restrict civic spaces through roadside declarations.

The petition builds on clear legal precedents, citing landmark constitutional rulings that previously outlawed blanket protest bans and unnotified city blockades within the capital.

Specifically, the lobby highlights existing conservatory orders that explicitly restrained the National Police Service from arbitrarily suppressing public assemblies or deploying excessive physical barriers against peaceful citizens.

Legal defenders assert that the Inspector General deliberately ignored these binding judicial directives, effectively turning constitutionally guaranteed rights into privileges exercised at the sole discretion of the police.

This high-stakes legal confrontation comes amid an intensifying national debate regarding police accountability and the boundaries of executive authority during civil unrest.

While the state has previously defended aggressive roadblock deployments as a necessary preemptive measure to safeguard commercial property and critical infrastructure from potential vandalism, civil society groups warn that such unchecked actions steer the country toward an autocratic, militarized state.

The High Court's impending decision on whether to issue immediate conservatory orders will serve as a crucial test of judicial authority over law enforcement agencies.


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