Chief Justice Martha Koome expressed deep concern Tuesday over abduction of protesters amid the ongoing mass demonstrations in the country.
Koome says such actions, executed by persons not identifying themselves and without presenting the abducted individuals before a court of law, amount to a direct assault on the rule of law, human rights, and constitutionalism.
“Our Transformative Constitution mandates that law enforcement operates strictly within the confines of the Bill of Rights and the law,”
“Article 49 specifies the rights of arrested persons, including the right to be informed of the reason for the arrest, to communicate with an advocate and others whose assistance is necessary, and to be presented before a court as soon as reasonably possible-but no later than twenty-four hours after the arrest,” she said
The CJ said all state agencies within the justice sector should uphold their constitutional duties and ensure that their actions are compliant with both the Constitution and the law.
“Any deviation from the stipulations of the Bill of Rights and the law not only invites anarchy and lawlessness in our country but also constitutes a severe assault on the value-order of governance stipulated in Article 10 of the Constitution,” she said in a statement
Koome indicated that agencies within the justice sector have in the past committed to working towards ensuring a human rights-based criminal justice system that adheres to the Constitution, particularly the Bill of Rights, and the law.
“I urge all agencies in the justice sector to process any criminal actions lawfully and to investigate and address the allegations regarding abductions related to the ongoing protests with utmost urgency,” said the Chief Justice
She said Kenya should continue on the path of the rule of law and constitutionalism and to guarantee that all state and non-state actors operate within the strict boundaries erected by our Bill of Rights
