National

'Assault on law': CJ Koome condemns abduction of Finance Bill protesters

Police face off with protesters along Moi Avenue in the Nairobi CBD on June 25, 2024. (Photo: Justine Ondieki)

By Abdirahman Khalif | Tuesday, June 25, 2024

In a statement on Tuesday, Koome expressed deep concern over numerous allegations regarding the abductions of protesters amid ongoing mass protests against the Finance Bill.

Chief Justice Martha Koome has condemned the abduction of protesters in Nairobi, describing it as an assault on the rule of law.

In a statement on Tuesday, Koome expressed deep concern over numerous allegations regarding the abductions of protesters amid ongoing mass protests against the Finance Bill.

Keep reading

She noted that individuals executing these abductions do not identify themselves and fail to present the abducted individuals before a court of law - a direct violation of legal principles.

"Such actions, executed by persons not identifying themselves and without presenting the abducted individuals before a court of law, amount to a direct assault on the rule of law," Koome stated.

Referring to Article 10 of the Kenyan Constitution, the CJ called on the abductors to respect the guiding national values and principles of governance, underlining the need to uphold these values to maintain the integrity of the nation's legal framework.

Koome also cited Article 49 of the Kenyan Constitution, reminding the government of the rights of arrested persons. It states that individuals have the right to be informed of the reason for their arrest, to communicate with an advocate and others whose assistance is necessary, and to be presented before a court as soon as reasonably possible, but no later than twenty-four hours after the arrest.

"I take this opportunity to assure the nation that the courts are prepared to operate beyond standard working hours if the abducted persons are presented before the court and also to consider any petitions for habeas corpus," Koome said.

"This commitment is to ensure that our nation continues on the path of the rule of law and constitutionalism and to guarantee that all state and non-state actors operate within the strict boundaries erected by our Bill of Rights."

By Tuesday morning, nearly 12 alleged cases of abduction by unknown individuals had been reported in Kenya. Among the victims were policy analyst Gabriel Oguda from the office of the parliament's minority leader, Osama Otero, Drey Mwangi, and a man identified only as Franje.

The Law Society of Kenya (LSK) is among several other organisations that have also condemned the abductions, noting the unprecedented unity and ingenuity characterising the current wave of protests. This unity, the LSK said in a statement, has caused disquiet within the government, leading to the deployment of what is termed a brutal and disproportionately retaliatory police force.

The Police Reforms Working Group Kenya (PRWG-K) has also unequivocally condemned the abductions of citizens suspected of involvement in the #RejectFinanceBill2024 protests.

In a statement, the group described the actions as a gross violation of human rights and pointed to Article 29 of the Constitution of Kenya, 2010, which prohibits arbitrary arrests and enforced disappearances.

"These 12 abductions, which occurred over the last five days and intensified last night, are a gross violation of human rights and amount to arbitrary arrests and enforced disappearance as prohibited under Article 29 of the Constitution of Kenya, 2010," the group said.