Former IG Koome to pay for ordering police to beat up striking medics
Koome is now going to be held personally liable for crimes committed by the National Police Service officers who were under his command – in the doctrine of command responsibility.
The High Court has permitted civil society groups to sue former Inspector General (IG) of Police Japhet Koome for ordering the use of excessive force against striking medics early last year, effectively preventing them from engaging in peaceful industrial action.
Koome instructed police officers to handle the striking medics "firmly," leading to instances of torture, including violence against officials of the Kenya Medical Practitioners and Dentists Union (KMPDU).
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Among those targeted was KMPDU official Dr Davnji Attela, who, along with other medics, was subjected to unlawful force by National Police Service (NPS) officers while picketing near the Ministry of Health headquarters—Afya House—on 29 February 2024.
Civil society organisations, including Katiba Institute, the International Commission of Jurists (ICJ), Transparency International, and Muslims for Human Rights (MUHURI), have filed a lawsuit against Koome in his personal capacity. They argued that his orders violated the Constitution by effectively suspending Articles 36, 37, and 41, which guarantee the rights to peaceful assembly, association, and labour action.
Justice Jairus Ngaah criticised Koome’s directive issued on April 14, 2024, noting that it came weeks after the violent suppression of KMPDU members' peaceful demonstration.
"The decision of April 14, 2024, made weeks after the respondent (Koome) disrupted the KMPDU demonstration without justification, qualifies as an outrageous defiance of logic and accepted moral standards," Justice Ngaah stated.
He further ruled that Koome’s orders lacked procedural fairness, depriving medics of their constitutional rights without granting them an opportunity to be heard.
Koome is now set to be held personally liable under the doctrine of command responsibility for the actions of NPS officers under his leadership.
"The IG of the NPS (Koome) and other superior officers are personally liable under the doctrine of command responsibility for issuing unconstitutional orders to use unlawful force against peaceful and unarmed protests, assemblies, and pickets, as guaranteed under the Constitution," Justice Ngaah declared.
The court ordered the IG to investigate and discipline officers implicated in the unlawful use of force, including the then Kilimani Police Commander and the officer in charge of Capitol Hill Police Station in Nairobi. Other officers found culpable for the violence against Dr Davnji Attela and his colleagues are also to be investigated.
Koome, who resigned in July 2024 amidst mounting criticism over police brutality, particularly against largely peaceful "Gen Z" protesters, has been ordered to personally compensate the civil society organisations for their legal costs.
Additionally, the court ruled that Koome must pay damages to Dr Attela for injuries sustained during the protests, though the extent of compensation remains undetermined due to insufficient evidence on the severity of the injuries.
"The applicants (Katiba Institute, MUHURI, ICJ, among others) shall have the costs of the suit, which will be paid by the respondent (Koome) personally from his own resources. It is so ordered," Justice Ngaah stated.
