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

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

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

“The High Court has granted our Judicial Review application to hold Japhet Koome Nchebere personally accountable for his statement on April 14, 2024, directing the police to handle striking and picketing doctors firmly and decisively. This is unconstitutional and an abuse of power,” the statement reads.

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

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

The civil society groups invoked Articles 24, 36, 37, 41, 47, 238, 245, and 258 of the Constitution, which protect the rights and fundamental freedoms of Kenyans, including the right to peaceful demonstrations and picketing.

These organizations aimed to prevent Koome or any of his subordinates from enforcing his directive to suspend Articles 36, 37, and 41 of the Constitution, which guaranteed medics' right to strike and picket peacefully.

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

Additionally, they called for 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. 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 ruled at the time.