High Court rules ex-IG Koome liable for police violence against striking doctors

The High Court in Nairobi has found former Police Inspector General (IG) Japhet Koome liable for remarks made on April 14, 2024, in which he ordered law enforcement officers to respond firmly and decisively to striking and picketing medics.

Non-governmental organsiation (NGO) Katiba Institute announced the development in a statement on Wednesday, highlighting that Koome can be held criminally responsible for the actions of officers under his command at the time.  

“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 reads.

“The Court has also found that the Inspector General of Police can be held criminally responsible for the acts of officers under his command. Nchebere is personally culpable for the officers’ violent disruption of @kmpdumembers’ peaceful assembly under the doctrine of command responsibility. Further, the Court directed Nchebere to bear the costs of the suit personally.”

This comes nearly eight months after The Institute for Social Accountability (TISA) and Siasa Place, alongside seven other civil society organisations, including Katiba, sought leave on April 16 to file a motion for judicial review concerning the matter.

The civil society organisations invoked articles 24, 36, 37, 41, 47, 238, 245 and 258 of the Constitution in their submission, which govern the rights and fundamental freedoms of Kenyans, including peaceful demonstrations and picketing.

The organisations wanted Koome or any of his subordinates prohibited from enforcing the IG’s decision to suspend Articles 36, 37, and 41 of the Constitution by cancelling the medics' right to strike and picket peacefully.

They also requested certiorari orders to annul Koome’s decision and a declaration that he and other senior officers were personally liable under the doctrine of command responsibility for issuing unconstitutional orders and using unlawful force against peaceful demonstrators.

Additionally, they wanted Koome to be held accountable for failing to investigate or discipline officers who violated the Constitution by using excessive force.

Justice Jairus Ngaah subsequently granted the request, deeming the application urgent.

“Based on the reasons given in the certificate of urgency, I am satisfied that the application is urgent and it is so certified. l 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 ruled then.