NAIROBI, Kenya-Kenyan Chief Justice Martha Koome now says that she has noted with “deep concern” the numerous allegations regarding the abductions of protesters amid the ongoing mass protests in Kenya, East Africa’s regional economic hub.
“Such actions, executed by persons not identifying themselves and without presenting the abducted individuals before a court of law, amount to a direct assault on the rule of law, human rights, and constitutionalism, which are our guiding national values and principles of governance as enshrined in Article 10 of the Constitution,” Koome said in a statement seen by Y News.
According to the CJ, Kenya’s transformative 2010 Constitution mandates that law enforcement operates strictly within the confines of the Bill of Rights and the law.
“Article 49 specifies the rights of arrested persons, including the right to be informed of the reason for the arrest, to communicate with an advocate and others whose assistance is necessary, and to be presented before a court as soon as reasonably possible—but no later than twenty-four hours after the arrest,” Koome who has come under sharp public criticism amid the protests fired back at the government.
Koome also called upon all state agencies within the justice sector to uphold their constitutional duties and ensure their actions comply with the Constitution and the law.
” I therefore urge all agencies in the justice sector to process any criminal actions lawfully and to investigate and address the allegations regarding abductions related to the ongoing protests with utmost urgency,” Koome said.
Further, Koome assured the nation that the courts are prepared to operate beyond standard working hours if the abducted persons are presented before the court and to consider any petitions for habeas corpus.
“This commitment is to ensure that our nation continues on the path of the rule of law and constitutionalism and to guarantee that all state and non-state actors operate within the strict boundaries erected by our Bill of Rights.”
