Aasai

Chief Justice Martha Koome has called on law enforcement agencies to adopt a more professional and rights-conscious approach when responding to public protests, urging them to distinguish between peaceful demonstrators and criminal elements exploiting such gatherings to incite violence.

Speaking during the swearing-in ceremony of new commissioners to the National Police Service Commission (NPSC) in Nairobi, CJ Koome acknowledged the growing tension in Kenya’s democratic environment, fueled by recent waves of mass protests across the country. She emphasized that while the Constitution guarantees the right to peaceful assembly, law enforcement must balance public order with the protection of civil liberties.

“Our country and our democratic fabric have come under strain through waves of public protests,” she said. “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.”

Koome condemned the infiltration of peaceful protests by criminal actors who engage in looting, destruction of property, and violence. She reminded Kenyans that peaceful protest must be exercised responsibly and within the law. “Members of the public must exercise their right to protest peacefully without carrying arms or engaging in acts of destruction and vandalism,” she stressed.

Addressing the conduct of police during these protests, the Chief Justice warned against the use of excessive force. She reiterated that security officers must act with restraint and proportionality, adhering strictly to human rights principles. “Police must respond with restraint, proportionality, and strict adherence to human rights standards, avoiding acts that could cause unnecessary harm or loss of life,” Koome stated.

She also urged police to differentiate clearly between peaceful protesters and criminal infiltrators, ensuring only those committing crimes face legal action. “It is upon the police to distinguish between peaceful demonstrators and criminal elements who infiltrate protests to incite violence, and to apprehend and process such individuals through the justice system,” she added.

Her remarks follow growing public concern over alleged police brutality during recent youth-led protests. There have been widespread reports of excessive force, arbitrary arrests, and use of live ammunition on unarmed protesters, sparking national and international condemnation.

Further complicating the situation is the reported deployment of organized youth gangs — described as goons — armed with batons and whips, who have been accused of attacking demonstrators and looting property. These incidents have raised questions about who is orchestrating the violence and the response by law enforcement agencies.

During Monday’s Saba Saba demonstrations, which marked 35 years since the 1990 pro-democracy protests, police confirmed 11 fatalities. Additionally, 52 police officers and 11 civilians were injured during the unrest. Widespread vandalism of businesses was recorded in at least 15 counties.

Earlier, on June 25, protests against the controversial 2024 Finance Bill led to over 16 deaths, according to Amnesty International Kenya, with most of the casualties blamed on police actions. In retaliation, angry youths torched at least five police stations, and targeted court premises, county offices, and government vehicles.

CJ Koome’s call underscores the need for lawful, just, and responsible policing as Kenya navigates a volatile political climate marked by growing public dissent and calls for accountability.