Chief Justice Martha Koome has added her voice to the recent actions meted out by law enforcement officers to anti-Finance Bill 2024 protesters.
In a statement on Monday, July 1, 2024, CJ Koome condemned the recent spate of abduction cases and the excessive use of force by police officers while dealing with protesters.
While quoting Article 37 of the Constitution, CJ Koome insisted that it did not envision that anyone would lose their life while exercising this right. She added that life remains sacrosanct as protected under Article 26 of the Constitution.
“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 protestors that we have witnessed and urge that the perpetrators be disciplined, charged and prosecuted in accordance with the law. The State’s responsibility is to protect life, not take it away,” she stated.
The President of the apex court called on the security officers to execute their mandate within the confines of the law. She noted that the recent cases of abduction will water down the progress made in reforming the police service.
Moreover, she directed the law enforcement officers to present all the arrested persons in court within the stipulated hours. CJ Koome emphasised that the judges across the country are ready to listen to the cases beyond normal operating hours.
“I call upon our law enforcement agencies to process any alleged criminal acts within the law. We should avoid any temptation to use extra-legal means including abductions as this violates the Constitution and the law,” she affirmed.
“As I indicated in an earlier statement, all arrested persons should be brought before the courts of law in the manner envisaged by the law and within the prescribed Constitutional period. Courts will continue to sit for extended hours to ensure that citizens are not remanded for periods beyond what the Constitution provides.”
The Judiciary not silent
At the same time, CJ Koome strongly refuted claims that the Judiciary was silent amidst cases of abduction and excessive use of force.
According to the Chief Justice, the Judiciary continues to pronounce itself on pertinent matters through the various judgements issued.
She challenged the new role of advocates to take up the course and champion the rights of its citizens.
“I encourage you to continue using your voices and skills to advocate for initiatives that strengthen democratic governance, respect for human rights, promote national unity and stability, advance peaceful resolution of disputes, and foster national development and progress,” Koome added.
Message to those injured and killed
“I take this opportunity to extend condolences and sympathies, on behalf of the Judiciary and on my own behalf, to the families, friends, and relatives of those who have lost their lives during the mass protests that we have witnessed across the country,” she said.
“Many of them were young people whose lives were cut short before they could realize their full potential and dreams. The causes for which they died. I also wish a quick recovery to those who are injured and still recuperating in various hospitals across the country.”
