LSK’s ‘Kamata Kamata’ Fridays Case Thrown Out By High Court
The Law Society of Kenya has lost its bid to compel Chief Justice Martha Koome to set up special plea courts on Saturdays and Sundays for suspects arrested on Friday afternoons.
Justice Lawrence Mugambi also declined to sanction the offices of the DPP, the DCI, and the Inspector General of Police for allegedly arresting suspects on Fridays and holding them for more than 24 hours.
The Judge dismissed the Law Society of Kenya’s (LSK) case for failing to provide any evidence to support its claim.
“The petitioner did not provide even a single affidavit by any of these persons on whose behalf the petition is brought to confirm the assertions made. None of the allegations raised were proved,” the Judge said.
The case, filed by the LSK in 2019, sought a number of declarations, including an order prohibiting the Director of Public Prosecutions from directing the arrest of suspects before investigations are completed and releasing press statements on orders to arrest persons suspected of committing crimes.
LSK’s main point was that the respondents’ mandate of arresting suspected people for non-cognizable offenses violated their constitutional rights.
According to court records, the respondents did so by detaining suspects without granting them bail, seeking court orders to continue detaining them while investigations were ongoing and prosecuting them without sufficient evidence.
On the contrary, the respondents claimed that their actions were lawful.
In dismissing the case, Justice Mugambi stated that the court cannot sanction the DPP, DCI, or IG based on assumptions.
He stated that in order for the court to act, the LSK should have presented evidence to back up their claims.
“The petitioner cannot expect the court to act on assumptions regarding allegations of abuse of power. Claims were made without matching them with the requisite proof,” he said.
The Judge also stated that he was not convinced that the suspects’ right to a fair hearing was violated when the DPP issued media statements announcing the names of those who had been recommended for prosecution.
LSK claimed that the DPP’s actions were equivalent to condemning suspects in the court of public opinion.
Regarding complaints made against the CJ, the judge chastised LSK for failing to provide any evidence to back up their claims.
LSK cited instances in which suspects were denied bond for unjustifiable reasons and courts issued orders to detain arrested individuals without giving them the opportunity to present alternative facts.
In dismissing the claims, Justice Mugambi stated that “there was no evidence of any particular case presented for examination by this court where this had happened”.
The Judge stated that the denial or grant of bail or bond can be reviewed and appealed.
LSk requested that the CJ establish special courts to deal with cases arising from Friday arrests, as well as make judges and magistrates available to deal with urgent human rights issues.
The court declined all of the law society’s prayers.
LSK’s ‘Kamata Kamata’ Fridays Case Thrown Out By High Court
