KHALID: Kenya police must be held accountable for disobeying court orders

A dangerous and deeply worrying trend is taking root in Kenya - the open and deliberate disobedience of court orders by the police. What should alarm every Kenyan is not just the defiance itself, but the fact that it is being committed by the very institution entrusted with enforcing the law.

The latest example comes from the Coast region, where the High Court in Garsen, issued orders on Thursday, May 21, suspending the controversial Lamu night curfew.

The case had been filed by residents of Lamu with the backing of human rights organisations, including Muhuri and VOCAL Africa. The petitioners argued that the curfew had for years subjected residents to suffering, economic losses, harassment and restriction of movement without proper justification.

The court listened to the grievances and made preliminary determination to suspend the curfew pending full and final decision of the case. In any functioning democracy governed by the rule of law, that should have been fully implemented.

Shockingly, despite the court’s pronouncement, reports continue to emerge that police officers are still enforcing the curfew through police roadblocks and checkpoints along the Lamu-Malindi road. Road users continue to be stopped and intimidated as if the court order means nothing. This is unacceptable.

Court orders are not suggestions. They are not optional guidelines that state officers may choose to obey or ignore depending on convenience.

They are binding directives issued under the authority of the constitution and the laws of Kenya. Once a court has spoken, every individual and institution, including the police, is obligated to comply.

The continued enforcement of the Lamu curfew despite the suspension order is not merely administrative arrogance. It is contempt of court. It is lawlessness by those sworn to uphold the law.

Unfortunately, this is not an isolated incident. Kenyans have repeatedly witnessed instances where police officers and senior security officials openly disregarded court directives with little or no consequences.

One glaring example was the conduct of then acting Inspector General of Police Gilbert Masengeli who repeatedly defied court summons requiring him to personally appear before a Nairobi court in relation to cases of enforced disappearances and police abuses.

Despite clear directives from the Judiciary, Masengeli ignored the orders several times, forcing the court to issue stern warnings and ultimately find him in contempt.

That incident sent a dangerous message to the country that powerful individuals within the police service can disregard the Judiciary without fear.

Another example can be traced to repeated instances where courts have ordered the release of arrested protesters and activists on bail or bond, only for police officers to frustrate or delay their release through bureaucratic games, unlawful arrests or failure to process release documents on time. Such actions undermine not only the authority of the courts but also the constitutional rights of citizens.

These incidents point to a growing culture of impunity within sections of the police service. It is a culture where some officers increasingly behave as though they are above the law and beyond accountability. This is extremely dangerous for any democracy. The constitution is clear that the country shall be governed based on the rule of law.

The Judiciary exists as an independent arm of government precisely to ensure fairness, oversight and lawful exercise of power. If police officers begin deciding which court orders to obey and which ones to ignore, then Kenya risks sliding into institutional chaos where force replaces law. No society can survive under such circumstances.

The police service must remember that their powers are not absolute. Their authority comes from the constitution and the people of Kenya. That same constitution subjects them to the law and to oversight by the courts. Therefore, obedience to court orders is not a favour by the police to the Judiciary. It is a constitutional obligation.

Equally concerning is the silence or slow response by institutions mandated to ensure police accountability. The Independent Policing Oversight Authority, the National Police Service Commission and senior police leadership must take these matters seriously. Failure to discipline officers who disregard court orders only entrenches impunity further.

However, the greatest responsibility now lies with the Judiciary itself. The courts must firmly and decisively respond whenever their authority is undermined. Judicial orders cannot continue being ignored without consequences. If police officers openly disobey court directives and still walk free without punishment, public confidence in the justice system will collapse.

The Judiciary must therefore boldly pronounce itself in such cases and hold responsible officers in contempt of court. There must be personal accountability.

Senior commanders under whose watch court orders are violated must also be called to account. Courts must demonstrate that their authority is not symbolic but enforceable.

In the Lamu case, the county police commander, area OCPD, area OCS and officers on the ground who have defied the court order must be immediately held in contempt and seriously disciplined to send a strong message that defiance of court orders will not be tolerated.

Kenya has come too far constitutionally to allow a situation where state agencies operate outside the law. The country cannot preach constitutionalism while tolerating blatant disobedience of judicial authority. Ultimately, the issue here is bigger than the Lamu curfew.

It is about the soul of the nation and whether Kenya will remain a country governed by laws or descend into selective obedience where institutions only comply when convenient.

No person is above the law, no institution is above the law and certainly, the police, of all institutions, must never place themselves above the courts.