Martha Koome Has Called Out Police For Excessive Force On Protestors
Chief Justice Martha Koome has criticised security agencies for allegedly using excessive force during the Finance Bill protests.
She stated that Article 37 of the Constitution guarantees the right to peacefully assemble, demonstrate, picket, and present petitions to public authorities.
She added that she didn’t expect anyone to die while exercising this right.
CJ Koome stated that life is sacrosanct under Article 26 of the Constitution.
She urged law enforcement to use proportionate force to protect law and order while also respecting protesters’ rights.
“We should not witness cases of excessive use of force that threaten the lives of peaceful and unarmed protesters,” CJ Koome said.
“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.”
Statement on Allegations of Abductions of Protesters and the Rights of Arrested Persons pic.twitter.com/tsbGBmZC0a
— Hon. Justice Martha K. Koome, FCIArb, EGH (@CJMarthaKoome) June 25, 2024
She expressed condolences to the families, friends, and relatives of those who died during the mass protests witnessed across the country.
The CJ also wished those who were injured and are currently recuperating in various hospitals across the country a speedy recovery.
She stated that many of them were young people whose lives were cut short before they could reach their full potential and pursue their dreams.
“The State’s responsibility is to protect life, not take it away,” she added.
“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 stated that the judiciary is an independent institution and cannot take sides in matters that have the potential to escalate 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 stated that the Judiciary communicates through rulings and judgments in carrying out its responsibility to uphold and protect the Constitution.
She stated that Judges and Magistrates across the country are sitting outside of normal working hours, including on weekends, in order to carry out their mandate.
“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 stated that the courts are ready and open to hearing and determining all causes, particularly those presented in connection with the ongoing unrest.
She urged protesters to exercise their democratic rights in a peaceful manner that does not endanger 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 stated that law enforcement agencies should handle any alleged criminal acts in accordance with the law.
According to her, the agencies should resist the temptation to use extra-legal means, such as abductions, because this violates 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,” 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 also condemned the vandalism of court infrastructure throughout the country during protests.
“Our Constitution envisions a culture of national dialogue and peaceful resolution of grievances and disputes,” CJ Koome added.
“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.”
Martha Koome Has Called Out Police For Excessive Force On Protestors
