CJ Koome condemns use of excessive force during anti-finance bill protests

Chief Justice Martha Koome has condemned security agencies for employing excessive force to quell anti-Finance Bill protests.

Speaking on Monday, Koome stated that Article 37 of the Constitution guarantees the right to peacefully assemble, demonstrate, picket, and present petitions to public authorities.

"We should not witness cases of excessive use of force that threaten the lives of peaceful and unarmed protesters. I, therefore, condemn the excessive use of force on protesters that we have witnessed and urge that the perpetrators be disciplined, charged, and prosecuted in accordance with the law," she said while presiding over the admission of 401 Advocates in Nairobi on Monday, July 1, 2024.

According to the CJ, this constitutional provision does not imply that individuals should risk losing their lives while exercising these rights.

Commenting on last week's protests, Koome noted that those who were injured and lost their lives were mainly young people whose lives were cut short before they could realise their full potential and dreams.

"The State's responsibility is to protect life, not take it away. It is also important for me to speak on the role of the Judiciary as an independent arbiter of disputes in such times that we find ourselves in. The Judiciary is a non-partisan and impartial arbiter of disputes and conflicts that arise within our society," she added.

Koome also condemned the vandalisation of court infrastructure across the country during protests. Last week, the Supreme Court was one of the Judiciary buildings targeted by protesters, who burned a car and vandalised windows.

KNCHR data

According to the latest data released by the Kenya National Commission on Human Rights (KNCHR) on Monday, 39 people died in the last two weeks of anti-Finance Bill protests.

KNHCR chairperson Roseline Odede also reported that 361 individuals countrywide suffered various injuries.

Protesters react after police use teargas to disperse them during a demonstration in Nairobi against the Finance Bill 2024/2025, on June 20, 2024. (Photo: REUTERS/Monicah Mwangi)

However, the Chief Justice emphasised that the Judiciary is an independent institution and cannot align itself with matters that may potentially lead to contentious disputes requiring resolution.

"This is an ideal that we will continue to respect and uphold so that everyone in our society can find reprieve within the justice sector. Although the Judiciary is an impartial arbiter, we are not silent," Koome said.

Going further, the Chief Justice stated that the Judiciary communicates through rulings and judgements as it fulfils its duty to uphold and safeguard the Constitution.

Koome noted that Judges and Magistrates throughout the country are working beyond regular hours, including weekends, to fulfil their mandate.

"These efforts are largely undocumented because our focus is to serve without expecting accolades," she said.

"I commend judges, judicial officers, and staff for their commitment and urge them to continue selflessly serving our people and nation in the spirit of the Constitution and our blueprint of social transformation through access to justice that places the people at the heart of everything that we do," Koome added.

In addition, the Chief Justice affirmed that the courts are prepared and accessible to promptly hear and resolve all cases, particularly those related to the current unrest.

She urged protesters to exercise their democratic rights peacefully and without endangering lives or property.

Mombasa residents protest against the Finance Bill, 2024 on June 20, 2024. (Photo: Farhiya Hussein, EV)

"I urge citizens not to violate the trust that the Constitution has bestowed us in Article 37 by vandalising, looting and setting ablaze public and private property," Koome added.

The Chief Justice stated that law enforcement agencies must handle any alleged criminal acts in accordance with legal procedures and emphasised that these agencies should refrain from resorting to extralegal methods, such as abductions, which violate both the Constitution and the law.

"All arrested persons should be brought before the courts of law in the manner envisaged by the law and within the prescribed Constitutional period," Koome added.

High Court bars police from arresting protestors, using bullets, teargas

Last week, Malindi High Court barred police from using water cannons, tear gas, and live ammunition against peaceful protesters.