NAIROBI, Kenya — Chief Justice Martha Koome has called for the regulation of public demonstrations to safeguard both constitutional freedoms and public safety, while reflecting on her own participation in Kenya’s pro-democracy movement during the struggle for constitutional reforms.
Speaking during the presentation of a Kenya National Commission on Human Rights (KNCHR) report on compensation and reparations for victims of human rights violations, Koome said she joined demonstrations as early as 1989 as part of the movement that pushed for democratic reforms and the eventual adoption of Kenya’s transformative Constitution.
“I started demonstrations in 1989 when we were pushing for constitutional reforms,” the Chief Justice said.
Koome noted that the Constitution promulgated in 2010 was the result of decades of civic activism, public participation, and advocacy by Kenyans from diverse professions and backgrounds. She said doctors, teachers, lawyers, students, and civil society actors all played a role in advancing democratic change through peaceful engagement.
Her remarks come amid renewed national debate over the conduct of public protests and the balance between the right to assemble and the need to maintain public order.
The Chief Justice emphasized that Article 37 of the Constitution guarantees every Kenyan the right to assemble, demonstrate, picket, and present petitions peacefully and unarmed. However, she cautioned that demonstrations should be conducted in a manner that does not endanger lives, destroy property, or disrupt the rights of others.
Koome said the Judiciary, working through the National Council on the Administration of Justice (NCAJ), is exploring frameworks aimed at improving the management of public demonstrations while strengthening accountability for human rights violations that may occur during such events.
She stressed that constitutional rights must be protected, but that institutions also have a responsibility to ensure those rights are exercised within a framework that promotes safety, order, and respect for the rule of law.
The KNCHR report presented at the event proposes the establishment of a comprehensive compensation and reparations framework for victims of human rights abuses. Among its recommendations is the creation of a victims’ compensation fund to provide timely remedies to individuals whose rights have been violated.
According to Koome, access to justice extends beyond court declarations and must include practical remedies for victims.
“The Constitution guarantees rights and freedoms, but there must also be effective mechanisms to ensure that violations are addressed and victims receive appropriate remedies,” she said.
The Chief Justice reaffirmed the Judiciary’s commitment to constitutionalism, human rights protection, and the rule of law, saying courts will continue to play a central role in safeguarding citizens’ freedoms.
The event brought together senior judicial officers, government representatives, human rights advocates, and civil society stakeholders, who called for stronger collaboration among institutions to advance Kenya’s human rights and justice agenda.
