Chief Justice Koome calls for balance between protest rights, law enforcement

Chief Justice Martha Koome at a past event. (Photo: Martha Koome)

By Rachael Mutabasi
Tuesday, July 8, 2025

Koome noted that the country’s democracy is under pressure and called on all stakeholders to act responsibly during this critical period.

Chief Justice Martha Koome has called for a fair balance between the public’s right to peaceful protest and the police’s duty to maintain order, as Kenya grapples with a rising wave of demonstrations countrywide.

Speaking during the swearing-in ceremony of Abdullah Kassim as a member of the National Heroes Council, and Peris Muthoni Kimani, Benjamin Juma Imai, and Professor Collette Suda as members of the National Police Service Commission, Koome urged the new appointees to uphold the Constitution and promote democratic policing.

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Addressing the newly sworn-in commissioners, the Chief Justice described them as custodians of the Constitution’s vision for democratic policing. She said they have been entrusted with the sacred task of building a police service that is professional, humane, responsive, ethical, and respected by the people it serves.

Koome noted that the country’s democracy is under pressure and called on all stakeholders to act responsibly during this critical period.

Peaceful assembly

She reminded citizens that the right to assemble is protected under the Constitution, but must be exercised peacefully and within the confines of the law.

“These moments have reminded us of the delicate balance that must be maintained between the constitutional rights to peaceful assembly and protest, and the imperative of people-centred, professional policing,” said the Chief Justice.

“On one hand, members of the public must exercise their right to protest peacefully, without carrying arms or engaging in acts of destruction, looting, or vandalism of public infrastructure such as government buildings, court premises, or private businesses.”

She called on the public to refrain from any acts of violence or destruction during demonstrations, saying the loss of public infrastructure and private property deeply affects innocent citizens and undermines national stability.

“It is very painful for a citizen to lose their property, which they have worked hard to build.”

At the same time, Koome urged the police to respond with restraint, proportionality, and strict adherence to human rights standards. She said police officers must avoid any actions that could cause unnecessary harm or loss of life.

“It is also incumbent upon the police to distinguish between peaceful demonstrators and criminal elements who infiltrate protests to incite violence, and to apprehend and process such individuals through our justice system,” she stated.

Her remarks come after the country marked Saba Saba Day on July 7 — an annual commemoration of the 1990 protests when Kenyans took to the streets to demand free elections and multiparty democracy.

The National Police Service (NPS) confirmed that a total of 567 people were arrested during the Saba Saba protests held on Monday.

The NPS reported that the demonstrations resulted in the deaths of 11 people, injuries to 52 police officers and 11 civilians, and damage to at least 19 vehicles, including those belonging to the police, government, and private citizens.