LSK chair Kisumu Chapter Dorcas Akinyi /FAITH MATETE
The High Court in Kisumu has ordered the Inspector-General of Police and the Attorney-General to report every four months on progress towards implementing guidelines governing public order management and the use of force.
Justice Alfred Mabeya found the two officials in contempt of court for failing to comply with earlier orders issued in a petition filed by survivors of the 2023 Kisumu cost-of-living protests.
However, the judge declined to punish them, noting that they had expressed remorse and taken steps towards compliance, including seeking more time to publish the required guidelines.
The court directed the respondents to begin filing compliance affidavits in January and continue every four months until the guidelines are fully developed and published.
Justice Mabeya warned that failure to comply with the reporting directives could attract sanctions.
The judge also noted that the Attorney-General had informed the court that a Public Order Management Bill addressing similar issues was already before Parliament.
The court further rejected an attempt by the Inspector-General to engage a private law firm alongside lawyers from the Attorney-General’s office, stressing the need for prudent use of public resources.
“Private counsel should not be engaged where sufficient justification has not been given,” the court said.
The survivors, IJM, and other interested parties had objected to the engagement of additional private counsel at public expense.
The petitioners were represented by lawyers contracted by International Justice Mission (IJM) Kenya and other human rights organisations
Lead counsel Moses Omondi on September 25 /HANDOUT
Lead counsel Moses Omondi welcomed the ruling, saying it provided a clear mechanism for monitoring implementation of the judgment.
“The court has issued clear directions that every four months, the respondents must report to the court on the steps they have taken to ensure full compliance with the court order,” Omondi said.
He said the implementation process would require extensive public participation and could not be completed in a single day.
“We already won the first judgment. We are now at the implementation, or execution, stage,” he said.
Law Society of Kenya Kisumu Chapter chair Dorcas Akinyi said the organisation was ready to participate in the anticipated public participation process.
She said the court’s continued supervision was important in ensuring the public order management framework was put in place while urging police and other state agencies to uphold human rights and the rule of law.
The case also involves investigations into 28 survivors.
In an earlier judgment delivered in March, Justice Mabeya directed the Independent Policing Oversight Authority to finalise investigations into the individual cases within 90 days and report back to the court.
IPOA subsequently recommended inquests in nine cases involving people who lost relatives and closure of the remaining 19 files, citing lack of evidence.
The survivors have challenged the recommendations, arguing that they require further interrogation and do not demonstrate that prompt, thorough and complete investigations were conducted.
The court will hear arguments on the application on December 15.