Chief Justice Martha Koome has said the spate of mysterious kidnappings witnessed in the country over the last couple days ought to come to an end.
Speaking a day after former Nandi Hills MP Alfred Keter was abducted Sunday, the latest in a string of kidnappings, the Judiciary head maintained that law enforcement agencies ought to process any alleged criminal acts within the law.
“We should avoid any temptation to use extra-legal means including abductions as this violates the Constitution and the law,” she said
According to the CJ, all arrested persons should be brought before the courts of law in the manner envisaged by the law and within the prescribed Constitutional period. She said courts will continue to sit for extended hours to ensure that citizens are not remanded for periods beyond what the Constitution provides.
“I reaffirm that our courts remain ready and open to hear and expeditiously determine all causes, especially those presented in connection to the ongoing unrest. We will do this in keeping faith with Article 48 of the Constitution, which grants every person in our country the right to access justice,” she said
“I commend Judges, Judicial Officers and Staff for their commitment and urge them to continue selflessly serving our people and nation in the spirit of the Constitution and our blueprint of social transformation through access to justice that places the people at the heart of everything that we do,” added the Chief Justice
The CJ at the same time spoke strongly against the excessive use of force that threaten the lives of peaceful and unarmed protesters. She reiterated that nothing can justify use of force that threaten the lives of peaceful and unarmed protesters.
She said those found culpable ought to be disciplined, charged and prosecuted in accordance with the law. Koome insists no Kenya should lose life while exercising their rights as provided by the Constitution.
“The State’s responsibility is to protect life, not take it away. When the Constitution provided for the right to peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities in Article 37, it did not envision that anyone would lose their life while exercising this right,” said the Chief Justice
“Life remains sacrosanct as protected under Article 26 of the Constitution, and law enforcement should exercise proportionate force in balancing the protection of law and order with the rights of protesters,” she stated
Koome noted that the Judiciary is a non-partisan and impartial arbiter of disputes and conflicts that arise within our society. In the ongoing impasse arising from Finance Bill 2024, she said the Judiciary will remain independent and cannot take sides in matters that have the likelihood to culminate into disputes.
She however was quick to point out that “although the Judiciary is an impartial arbiter, we are not silent,”
