CJ Koome condemns use of excessive force during protests

Chief Justice Martha Koome has called out security agencies for allegedly using excessive force during the Finance Bill protests.

She said the Constitution in Article 37 provides for the right to peaceably assemble, demonstrate, picket and present petitions to public authorities. This, she added, did not envision that anyone would lose their life while exercising this right.

CJ Koome said that life remains sacrosanct as protected under Article 26 of the Constitution.

She called on law enforcement agencies to exercise proportionate force in balancing the protection of law and order with the rights of protesters.

“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,” CJ Koome said.

She condoled with the families, friends, and relatives of those who lost their lives during the mass protests witnessed across the country.

The CJ further wished a quick recovery to those who were injured and still recuperating in various hospitals across the country.

She said many of them were 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.

She said that the Judiciary is an independent institution and cannot take sides in matters that have the likelihood to culminate into ripe disputes for 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,” she added.

CJ Koome said that the Judiciary communicates through rulings and judgements in the exercise of its responsibility to uphold and protect the Constitution.

She said, in exercising their mandate, Judges and Magistrates across the country are sitting beyond standard working hours, including over the weekend.

“These efforts are largely undocumented because our focus is to serve without expecting accolades,” she added.

“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.”

The Chief Justice said that the courts are ready and open to hear and expeditiously determine all causes, especially those presented in connection to the ongoing unrest.

She called on the protesters to exercise their democratic rights in a peaceful manner and in a way that does not threaten life or property.

“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,” she said.

The CJ said that law enforcement agencies should process any alleged criminal acts within the law.

According to her, the agencies should avoid any temptation to use extra-legal means including abductions as this violates 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,” she said.

“Courts will continue to sit for extended hours to ensure that citizens are not remanded for periods beyond what the Constitution provides.”

The Chief Justice further condemned the vandalisation of court infrastructures across the country during protests.

“Our Constitution envisions a culture of national dialogue and peaceful resolution of grievances and disputes. I urge all of us, as citizens of this great country, to remember that peaceful resolution of disputes and grievances is essential to secure national stability and a peaceful and prosperous future, as promised in our Constitution,” CJ Koome added.