Chief Justice (CJ) Martha Koome has revisited the police abductions that occurred during the Gen Z-led anti-finance bill protests.
Koome noted that the country has experienced uncertainty and instability due to the enactment of the Finance Bill 2024, but the judiciary has remained a steadfast anchor during this period.
Koome mentioned that numerous concerns emerged, prompting calls for judicial intervention on a wide range of issues.
“This has underscored the need for continued institution-building within the judiciary to ensure it remains a reliable anchor, mediating disputes, and upholding the rule of law and constitutionalism,” she said.
The Chief Justice emphasized the importance of exploring ways to strengthen the institutional capacity of the judiciary to ensure it remains a central and robust pillar of state development and national stability in Kenya.
She explained that the judiciary has been called upon to uphold the rule of law amidst allegations of human rights violations during protests, including claims of abductions and enforced disappearances of government critics.
“Our courts have rendered decisions affirming that the Bill of Rights and the law remain active and are not silent, even in such challenging circumstances. Law enforcement, as the courts have emphasized, must operate within the confines of the rule of law,” she added.
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Koome Addresses Challenges Facing Judiciary
However, she acknowledged ongoing challenges related to judicial independence, particularly concerning financial independence, similar to those faced by other countries in Africa.
She added that regional conversations on how judiciaries can overcome these challenges are ongoing through platforms such as the Southern and Eastern Africa Chief Justices Forum, the East African Chief Justices Forum, and the Africa Judges and Jurists Forum (AJJF), with its summit starting on September 17 in Nairobi.
Koome stressed that the judiciary remains engaged with other domestic arms of government, emphasizing the importance of adequate funding for the judiciary to enable optimal functioning and ensure that all Kenyans can access justice—a right enshrined in the Constitution.
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KNCHR Anti-Finance Bill Protests Statistics
Additionally, she noted that one of the persistent challenges hindering Kenya’s potential is corruption.
In its last update, the Kenya National Commission on Human Rights (KNCHR) reported that fifty people had died and 413 were injured in relation to the protests.
KNCHR stated that some victims succumbed to their injuries while undergoing treatment, while other bodies were discovered under the debris of the burnt Sunbeam Mall in Nairobi.
The Commission also reported that 59 people had been abducted or were missing, and the number of those arbitrarily arrested was 682.
The Commission had also sought court orders for Habeas Corpus in an effort to hold accountable those responsible for the missing and abducted persons.
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