NAIROBI, Kenya — Chief Justice Martha Koome has stepped into the national conversation with a pointed message: police must learn to tell the difference between peaceful demonstrators and violent infiltrators — and act accordingly.
Speaking during the swearing-in of new commissioners to the National Police Service Commission (NPSC) in Nairobi, Koome didn’t mince words.
Kenya, she said, is facing a critical moment — one where democratic rights are colliding with public order challenges. And how police choose to respond could either heal or worsen that divide.
“Our country and our democratic fabric have come under strain through waves of public protests,” Koome told the audience.
“These moments have reminded us of the delicate balance that must be maintained between the constitutional right to peaceful assembly and protest and the imperative of people-centered, professional policing.”
Protesters have the right to hit the streets — but officers have a duty to respond with precision, not panic.
Koome acknowledged the rising trend of violence and vandalism under the guise of lawful protest, citing recent demonstrations that left businesses destroyed, roads blocked, and government offices torched. But she also sent a clear signal to law enforcement: overreach is not an option.
“Police must respond with restraint, proportionality, and strict adherence to human rights standards,” she said. “Avoiding acts that could cause unnecessary harm or loss of life is non-negotiable.”
Her comments come on the heels of one of the most turbulent Saba Saba commemorations in recent memory, where crowds across at least 15 counties staged protests — some peaceful, others chaotic.
The June 25 protests, which marked a year since the anti–Finance Bill uprising, saw an even higher death toll — with Amnesty International Kenya reporting 16 fatalities, mostly from police bullets.
Koome emphasized that peaceful protest is constitutionally protected, but warned that participants must not cross into destruction, looting, or incitement. Equally, she called out a growing concern: the alleged use of armed ‘goons’ posing as protesters or working as anti-protest enforcers, accused of attacking demonstrators and businesses while law enforcement looked the other way.
“It is upon the police to distinguish between peaceful demonstrators and criminal elements who infiltrate protests to incite violence,” she said. “Apprehend and process such elements through our justice system.”
That last part matters — because many of the recent arrests have drawn fire from human rights defenders who claim young protesters are being picked up indiscriminately, with no charges, no communication, and no due process.
Koome’s remarks hit at the heart of the current crisis: How does a nation protect its streets without trampling on its Constitution?
As Kenya navigates its most charged protest season in years, one thing is clear: restraint isn’t weakness — it’s the test of a truly democratic police force.
