CJ Martha Koome at a pat Judicial function. She has dismissed influencing terror charges against protests. Photo: Martha Koome X.
Chief Justice Martha Koome has distanced herself from terror charges on protesters by the Office of the Director of Public Prosecutions (ODDP) following June 25 and Saba Saba protests on July 7.
In a statement, Koome said her remarks after visiting Kikuyu Law Courts that was burnt down by protesters followed preliminary investigations, said that her remarks were made in response to the attackers whom she had said were ferried from outside Kikuyu to come and destroy the Courts, which appeared deliberate and organised.
“My remarks when I visited the site were made in direct response to the attack on the Kikuyu Law Court and reflected the security briefing received at the time. They were specific to that incident and not meant to apply to any other protests, events individuals or locations,” Koome stated.
According to her, her remarks which were made reference too by the ODPP, in cases under the Terrorism Act, Koome said that the ODPP is an independent institution as stated in Article 137(10) of the Constitution, and guided by Decision to Charge Guidelines.
Operating as an independent body, the CJ stated that the DPP cannot be influenced by any person or authority, as well as the National Police Service (NPS), which also operates independently, under the command of the Inspector General of police (IG), as in Article 245 (2)(b), especially in matters involving investigations.
“All decisions to investigate or prosecute must be based on credible evidence and the law. They are not influenced by public statements made by any individual, including the Chief Justice,” she stated.
Putting emphasis on the controversial issue, Koome made reference to key principles made during the National Council on the Administration of Justice (NCAJ) meeting on Thursday, July 15, including justice institutions to serve Kenyans without fear and favour and enhanced cooperation between the Judiciary, ODDP, NPS, IPOA, Civil Society Organisations and oversight bodies to ensure effective law enforcement, accountability and aligning with the Constitution.
” The Council confirms that human rights defenders and Organisations must not be criminalised, harassed or intimidated for their work. A safe civic space is essential to constitutional democracy,” she asserted.
Koome further emphasized the Judiciary’s commitment to ensure the rule of law and the Constitution is adhered too, reinforcing that everyone brought before the court will be charge, treated fairly and given a fair hearing.
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