The Judiciary led by Chief Justice Martha Koome has been issued with six demands by the Law Society of Kenya (LSK). LSK President Faith Odhiambo issued the six demands to the judiciary over unresolved human rights violations perpetrated by police against Gen Z demonstrators.
Faith Odhiambo in a statement on Wednesday, November 20 stated that that while LSK has remained steadfast in its agitation for a free and independent Judiciary, it cannot overlook the overwhelming issues that surmount the Judiciary from within itself.
“Whether by runaway corruption, outright incompetence, unjustified laissez-faire or the occasional serving as a conduit for government impunity, our Judiciary has derailed Kenya’s efforts towards constitutional consolidation; a forthright introspection is long overdue,” she said.
“In the same spirit of accountability, we call for the activation of an IPOA and Haki KNCHR led aggressive inquiry into the outstanding, unresolved human rights violations perpetrated by National Police against Gen Z demonstrators earlier this year.”
LSK Calls out on Judiciary
Odhiambo said that 2024 marked a revolutionary moment in constitutional development and institutional accountability.
She added that Kenyans led by the GenZ in a protest which started with the rejection of the Finance Bill 2024 were decisive that they intend to secure full implementation of the Constitution of Kenya 2010.
LSK mentioned that they have heard from testimonies by the Inspector General that persons are abducted and kept in detention allegedly beyond the reach of the security agencies established under Article 239 of the Constitution.
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“During the recent demonstrations, we visited police cells, hospitals, mortuaries, homes and walked with Kenyans in this period and observed and received complaints of total disregard to the Constitution and the rule of law,” read the statement further.
“We saw a side of this Government which we must not only disavow but call to full accountability. We have witnessed extra-judicial killings, arrests, abductions, and extra-judicial killings. Where the Law Society took action, we were met with a lack of respect to court orders.”
Six Demands Issued to CJ Koome
In relation to the complaints of corruption, inefficiency in the Judiciary and weaknesses in the framework for dealing with complaints, LSK want a transparent process for tracking, expeditious resolution of complaints, and involvement of the Law Society in collection, collation and inquiry of complaints.
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The LSK stated that by the authority of the President, the Independent Policing Oversight Authority and the Kenya National Commission on Human Rights (KNCHR) be granted all logistical and strategic support to conduct an immediate investigation into all acts of torture and killings related and/or attributed to police misconduct in the course of the protests against the Finance Bill 2024.
That subject to the report of IPOA and Kenya National Commission on Human Rights, the National Security Council is to direct the Inspector General of Police to open disciplinary proceedings against all perpetrators of police misconduct/brutality and torture.
Additionally, the reports of such proceedings are availed to the Director of Public Prosecution for the institution of criminal charges.
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Compensation of Family Victims
LSK also wants the families of all confirmed victims of police killings be traced and that IPOA and KNCHR provide President William Ruto with a rationalized formula for determining adequate compensation for the loss and suffering incidental to the death of their kin.
That subject to the formula presented to the President, the National Security Council directs the IG to undertake the full, unconditional compensation of all the families of deceased victims of police killings without delay.
Furthermore, the society wants IPOA and KNHCR to collaborate and cooperate with the LSK, humanitarian organizations involved in offering support to victims of police brutality during the protests, and families of suspected victims in both the investigation and creation of a compensation formula.
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