IG Douglas Kanja Faces Jail Time as LSK Pushes Contempt Charges Over Protest Handling
The Law Society of Kenya (LSK) has escalated its legal battle with the National Police Service, filing a contempt of court application against Inspector General of Police, Douglas Kanja. This move comes in response to the controversial deployment of masked police officers during a peaceful demonstration in Nairobi on Tuesday.
The protest, led by activists and families of missing Kenyans, aimed to present a petition to the Office of the President but was met with an aggressive police response.
The contempt application targets Kanja, along with Nairobi County Police Commander Adamson Bungei and three other senior officers: Martin Mbae Kithinji, Isaiah Ndumba Murangiri, and Moses Mutayi Shikuku.
LSK accuses them of violating a court order issued by Justice Bahati Mwamuye on August 14, 2024, which mandated that police officers dealing with protests must wear identifiable uniforms with visible service numbers and must refrain from concealing their identities.
On the day of the protest, drama ensued outside the Office of the President at Harambee House when plainclothes officers, some masked, confronted protesters.
The activists were there to highlight the deaths of 60 Kenyans killed during recent protests and to call for investigations into the whereabouts of 14 individuals who had gone missing over the last three months. Chaos erupted when officers attempted to arrest prominent activist Boniface Mwangi, prompting fellow demonstrators to intervene and protect him.
According to LSK, the police’s actions constituted a direct violation of Kenyans’ constitutional rights under Article 37, which guarantees the right to assemble, demonstrate, picket, and present petitions peacefully.
The LSK’s contention is that the involvement of masked officers not only violated the court’s order but also undermined the transparency and accountability required of law enforcement, especially during public demonstrations.
LSK is seeking significant legal consequences for the alleged contempt. The legal body is pressing for the court to find the Inspector General and the Nairobi Police Commander in contempt of the August 14 ruling. The LSK has asked for both Kanja and Bungei to be sentenced to six months in prison unless they provide a written undertaking within 14 days pledging that such incidents will not occur again.
“Non-uniformed police officers unlawfully interfered with individuals exercising their rights under Article 37,” the LSK stated in its application, emphasizing that the use of plainclothes officers during the peaceful protest was a breach of both the Constitution and the court order.
The original court order by Justice Mwamuye had been explicit in its instructions: police officers overseeing protests must display their service numbers and ensure they are always identifiable.
The ruling also prohibited the use of any vehicles with obscured markings during such operations. “The police must not obscure their faces or identification, nor the markings on any vehicle during protests or petitions,” Justice Mwamuye had stated, aiming to prevent abuses of power and ensure accountability during public assemblies.
As the case unfolds, the LSK has positioned itself as a guardian of civil liberties, insisting that law enforcement agencies abide by the legal frameworks that protect citizens’ rights to peaceful assembly and protest.
Whether or not the police officers involved will provide the requested written guarantee remains to be seen, but failure to comply could lead to their imprisonment and potentially set a significant precedent for future police conduct in Kenya.
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IG Douglas Kanja Faces Jail Time as LSK Pushes Contempt Charges Over Protest Handling
