NAIROBI, Kenya – The High Court in Nairobi has found former Inspector General of Police Japhet Koome personally liable for his directive issued on April 14, 2024, which ordered law enforcement officers to act “firmly and decisively” against striking and picketing medics.
The ruling, announced by the Katiba Institute, underscores the principle of command responsibility in law enforcement.
Katiba Institute, a prominent non-governmental organization, confirmed the court’s decision in a statement on Wednesday.
“The High Court has allowed our Judicial Review application to hold Japhet Koome Nchebere personally responsible for his statement on 14 April 2024 directing the police to deal with striking and picketing doctors firmly and decisively. This is unconstitutional and an abuse of power,” the statement read.
https://x.com/katibainstitute/status/1876920317735494022
The court’s ruling asserts that Koome can be held criminally accountable for the actions of the officers under his command during the incident.
The court further directed that Koome bears the costs of the suit personally, amplifying the message that abuse of power will not go unchecked.
This legal development follows an initiative by The Institute for Social Accountability (TISA), Siasa Place, and seven other civil society organizations, including Katiba Institute, who filed for judicial review on April 16, 2024.
They argued that Koome’s directive violated constitutional articles safeguarding the rights to peaceful demonstration, association, and fair labor practices.
Justice Jairus Ngaah, in his earlier ruling, underscored the urgency and gravity of the application, allowing the civil society groups to pursue their case.
“Based on the reasons given in the certificate of urgency, I am satisfied that the application is urgent and it is so certified. I am also satisfied that upon cursory consideration of the applicants’ application, the applicants deserve leave to file a substantive motion for judicial review reliefs,” he stated.
The civil society groups had sought to prohibit Koome or his subordinates from enforcing his decision to suspend the constitutional rights of medics to strike and picket peacefully.
They also called for certiorari orders to nullify Koome’s directive and for accountability under the doctrine of command responsibility.
The ruling is a significant victory for human rights advocates, emphasizing the accountability of senior officials for unconstitutional actions.
It sets a precedent in upholding the constitutional freedoms of peaceful demonstration and the responsibilities of law enforcement leaders.
