Chief Justice (CJ) Martha Koome has weighed in on how National Police Service (NPS) officers should conduct arrests, amid widespread uproar over abductions and police brutality.
CJ Koome urged the police to come up with a policy on arrests. She was speaking on Thursday, July 25, 2024, at the Supreme Court of Kenya where she presided over the swearing in of DIG-Kenya Police Service, Eliud Lagat and DIG Administration Police Service, Gilbert Masengeli.
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“If we must arrest, we must have a reason why we are arresting somebody and we have been saying the same way the ODPP established a policy on the decision to charge, it is perhaps time even National Police Service also establish some policy on the decision to charge,” the CJ said.
The CJ further urged the police to protect the life of Kenyans and follow due process while noting that every life matters.
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“It is not whimsical, it is there is a cognizant offence that has been committed and that is why we are arresting and as we are arresting, we must reserve that life because every life matters and it must be brought through due process,” Koome added.
At the same time, the CJ emphasized the importance of creating a safe and secure nation and fostering confidence in government institutions as crucial elements in serving the people of Kenya.
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“Our end game is a safe and secure nation it is a nation that engenders confidence in our institutions in other words we serve the people, we are the employees of the people, and we must always operate within the parameters of the constitution and the law.”
Also Read: CJ Martha Koome Gives Directive on Courts Adjourning Cases
Martha Koome Speaks on Protests
In addition, Koome mentioned that Kenyans asked her to take action with regards to the deaths and abductions of protestors.
However, she stated that the Judiciary doesn’t descend into the arena of disputes but can state the law and say what the constitution says and what the national police Act says about arrests.
“Recently we have been challenged and many a times, I’ve been called upon, chief justice where are you? People are dying, people are being abducted, people are being kidnapped, and I’m like you know in the Judiciary we sit and wait, we don’t descend into the arena of the disputes.
“We can’t go to the streets where others can go, but we can state the law and say what the constitution says and what the national police Act says about arrests, and when you join us, you are going to join the CJ you will find a vibrant conversation on accountability because now we are being called upon by the citizens to be accountable for the time, resources, privileges and offices that they have given us,” she noted.
Moreover, she urged the police to emulate the Office of the Director of Public Prosecutions (ODPP) and establish some policy on the decision to charge.
“If we must arrest, we must have a reason why we are arresting somebody and we have been saying the same way the ODPP established a policy on the decision to charge, it is perhaps time even National Police Service also establish some policy on the decision to charge,” Martha said.
Also Read: CJ Martha Koome Calls for Crackdown on Corrupt Lawyers
Ruto Appoints New Deputy IGs
President William Ruto on July 25 appointed Eliud Kipkoech Lagat as the Deputy Inspector General of the Kenya Police Service.
He also appointed Gilbert Masengeli as the Deputy Inspector General of the Administration Police Service.
“Pursuant to Article 245(3) of the Constitution, as read with Section 13 of the National Police Service Act, the Head of State has effected the appointments of two Deputy Inspector- Generals.”
Gilbert Masengeli was also designated as the acting inspector General of the National Police Service as Douglas Kanja undergoes vetting.
“Pending the consideration of the nomination of Mr. Douglas Kanja as Inspector-General of the National Police Service by both houses of Parliament,
“The Head of State has, in accordance with Section 16 of the National Police Service Act, 2011, designated Mr. Gilbert Masengeli, the newly appointed Deputy Inspector General, Administration Police Service, as the acting Inspector-General of the National Police Service.”
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