The High Court in Kisumu has ordered progress reports on compliance with directives concerning public protest management.
Police chief Douglas Kanja and other officials must update the court on compliance with orders arising from alleged police abuses during the 2023 protests.
The High Court in Kisumu has given Inspector General of Police Douglas Kanja and other state officials four months to report on progress towards complying with orders on the management of public protests and picketing.
The directive follows contempt proceedings brought over the officials’ failure to fully implement earlier orders requiring the government to establish a framework for handling demonstrations. The case arose from alleged police violations during the 2023 anti-government protests.
In considering the contempt application, the court took account of an apology from the respondents and the measures they had begun taking towards compliance. Implementation will remain under judicial supervision, with the officials required to provide regular progress reports.
Focus shifts to implementation
Lead counsel Moses Omondi, speaking outside court after the ruling, said the respondents would have to report every four months on the steps taken to fulfil the court’s directives.
Omondi said the matter had moved beyond judgment to implementation. Lawyers acting for the petitioners would continue checking compliance until all the orders had been carried out, including those relating to compensation.
The petition was brought by victims and survivors of police brutality during the 2023 demonstrations. They were represented by lawyers contracted by International Justice Mission Kenya and other human rights organisations.
The original proceedings addressed allegations that police used excessive force against demonstrators. Beyond seeking accountability for those incidents, the petitioners asked for measures to prevent similar violations during future protests.
Legal process and public participation
The court directed the authorities to work towards a public order management framework through the necessary legal procedures and public participation. The reporting requirement will allow the court to assess progress towards meeting those obligations.
Law Society of Kenya Kisumu Chapter chair Dorcas Akinyi welcomed the ruling and said lawyers were prepared to contribute to the anticipated public participation process aimed at establishing the framework through legislation.
Akinyi also urged the National Police Service to investigate alleged disappearances and other human rights violations. She said public officials must carry out their responsibilities lawfully and respect human rights.
Agnes Aron, who represented the petitioners alongside Omondi, said the court had considered the respondents’ remorse when deciding the contempt application. She welcomed their attendance in court, saying it had helped convey the seriousness of the matter.
Lawyers pursue victims’ compensation
The petitioners’ legal team is also following up on compensation awarded in the original judgment. Omondi said the order requiring the government to make the payments had been extracted and that efforts to secure payment were continuing.
He said the lawyers would pursue the matter to ensure every petitioner received the compensation provided for in the judgment. The update concerned efforts to obtain payment, rather than confirmation that the awards had been paid.
The court’s continuing oversight keeps both the protest-management directives and broader compliance obligations under review. Should the progress reports prove inadequate, the officials could be required to return to court and face further action for non-compliance.
