Chief Justice Martha Koome has warned the new Inspector General of Police Douglas Kanja against disobeying court orders even as his reign starts.
Koome, who presided over Kanja’s swearing in ceremony warned that law enforcement, which is a function of the police service, does not exist in isolation.
According to Koome, justice sector agencies including the judiciary, prosecution, correctional services and the police should work in synergy through the National Council on the Administration of Justice (NCAJ).
“The challenges we face in the justice sector can only be effectively tackled when we embrace a collaborative spirit. We must eliminate turf wars and silo mentalities that hinder the delivery of justice to the Kenyan people,” Koome stated.
“The new Inspector General of Police bears the immense responsibility of upholding the rule of law. The police, as the enforcers of law and order, must themselves be the most ardent defenders of constitutionalism and the rule of law. This includes respecting and enforcing court orders without exception.”
Koome’s warning
Koome warns that it would be a betrayal of justice if the police, charged with law enforcement, were to disregard lawful court decisions.
“The police service must lead by example, setting a standard of compliance that other citizens can emulate. The rule of law is fragile and requires constant vigilance to preserve it. Any deviation from lawful conduct, especially by the security apparatus, risks leading us down the path of anarchy. We must guard against this by ensuring that law enforcement remains anchored in legality, accountability, and respect for human rights,” Koome stated.
Koome’s warning comes after Deputy Inspector General of Police Gilbert Masengeli defied a court summons, leading to a conviction of court contempt. He was subsequently sentenced to six months in jail, a term which starts on Friday, September 20, 2024.
“When the police act within the law, they contribute to societal stability and reinforce public confidence in our justice institutions. What we have witnessed in the past few days threatens the very foundation of our society. It erodes public confidence in the ability of our institutions to respect and abide by the rule of law and respect for our constitutional ideals,” Koome added.
“It must never happen again. I hope that with the appointment of substantive leadership, we can restore faith in the leadership of the National Police Service and indeed, our success as collaborative justice sector partners.”
Masengeli’s troubles started when he was asked by the court to address the abduction of three individuals, Boby Njagi, Aslam Longton, and Jamil Longton in Kitengela, leading to his refusal to attend court sessions.
The Court of Appeal on Wednesday, September 18, 2024, declined to suspend Masengeli’s six-month jail term pending an appeal.
