Court dismisses ex-IG Koome’s bid to overturn judgment in KMPDU protest assault case

The High Court has dismissed former Inspector General of Police Japhet Koome’s application seeking to set aside a judgment that found him personally culpable for police brutality during the February 2024 strike by the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU).

In her ruling, Lady Justice Aburili Roselyn upheld the court's December 31, 2024 decision, stating that Koome was properly served with court documents and had failed to respond in time.

The court found his claims of being condemned unheard to be unconvincing and without merit.

Koome had filed a notice of motion on January 17, 2025, arguing that he was never personally served with the pleadings and only became aware of the judgment through media reports on January 8, 2025.

He also challenged the authenticity of the service, alleging the documents were dropped at a registry and not at the proper department or to him personally. Further, he argued the email address used for service was incorrect.

Justice Aburili ruled that both physical and email service had been effected in accordance with the law.

The court noted that Koome, as a public figure and then-sitting Inspector General, could not plausibly claim he was untraceable or unaware.

Evidence showed the documents were physically stamped at his office on the third floor of Jogoo House, and electronic service was deemed valid as it was sent to an official email address linked to the police service.

“In this case, having examined the entire file… I am satisfied that the applicants never stole a match on the respondent and that he deliberately failed to appear and file a response,” the judge stated.

She further dismissed Koome’s late objection to the ex parte applicants’ affidavits—filed slightly outside the 14-day window granted earlier—saying such procedural objections should have been raised earlier, not during final submissions.

The court said Koome’s failure to object in good time amounted to acquiescence and that no prejudice had been caused.

The judge underscored that the court’s power to set aside a judgment exists to remedy genuine mistakes or inadvertent errors, not to aid deliberate avoidance of judicial proceedings.

Justice Aburili concluded that Koome had other legal options available, including an appeal, which he had already initiated through a notice dated January 10, 2025.

With the application now dismissed, the judgment holding the former IG personally liable for the police assault on unarmed medics and protestors during the February 2024 strike remains intact.