Mombasa, Kenya, September 25, 2025 — Muslims for Human Rights (MUHURI) has accused Inspector General of Police Douglas Kanja and Deputy Inspector General Gilbert Masengeli of openly defying court orders, warning that judicial complacency is enabling impunity at the highest levels of law enforcement.
In a demand letter to the Judicial Service Commission (JSC), MUHURI said the failure by police chiefs to obey lawful court orders amounts to contempt of court and a direct violation of the Constitution. The group also faulted judicial officers for failing to issue arrest warrants, as is done when ordinary Kenyans disobey the courts.
“Police bosses are ignoring court orders, and the courts are letting them. This is contempt of court and a violation of our Constitution,” said Khelef Khalifa, MUHURI Board Member. “Equal justice means everyone, regardless of their position, must obey the law. When the judiciary fails to act, it fails all Kenyans.”
MUHURI said such selective enforcement of justice erodes public confidence in the courts and undermines Kenya’s claim to being a constitutional democracy. The rights group noted that the actions of the police leadership violate Article 3(1) of the Constitution, which obliges all persons to respect and uphold the law, as well as Article 27 on equality before the law and Article 160 on judicial independence.
The organisation demanded that the JSC immediately investigates and disciplines judicial officers who have abdicated their duty, enforces existing court orders against Kanja and Masengeli, and publicly reassures Kenyans that the judiciary will not tolerate double standards in the rule of law.
Contextual
The standoff adds to growing concerns about the relationship between state security agencies and the judiciary in Kenya. Human rights groups have repeatedly accused police of ignoring court rulings, particularly in cases involving accountability for abuses, while courts have been criticised for failing to enforce compliance against powerful state officials.
In recent years, the Independent Policing Oversight Authority (IPOA) and civil society organisations have raised alarm over a culture of impunity within the National Police Service. Critics argue that when senior police officers disobey court orders without consequences, it weakens the rule of law and emboldens lower-ranking officers to act outside legal boundaries.
MUHURI’s letter comes against this backdrop, with the group warning that judicial silence in the face of police defiance represents “a double standard that undermines the very integrity of the judiciary.”
The Constitution
Kenya’s Constitution, under Article 10, binds all state organs to uphold the rule of law, accountability and justice. Rights groups point out that this is not the first time police bosses have ignored court orders — in past cases involving unlawful detentions and protest crackdowns, officers failed to comply with judicial directives without facing sanctions.
MUHURI insists that unless the judiciary takes decisive action now, impunity at the top will continue to erode constitutionalism and deny Kenyans equal protection under the law.
