Police Brutality: Former IG Japhet Koome Found Criminally Responsible for Harm to Protestors
The High Court has dealt a setback to former Inspector General of Police Japhet Koome, ruling that he must be held personally accountable for specific orders he issued while serving as Kenya’s police chief.
Justice Ngaah Jairus of the Nairobi Court determined that Koome made errors in his directives to police regarding the handling of protestors during his tenure and that he should bear responsibility for those actions.
”As to whether the respondent can be held criminally responsible for the acts of officers under his command in violently disrupting KMPDU (Kenya Medical Practitioners, Pharmacists, and Dentists Union) members’ peaceful assembly, demonstration or picketing or other forms of expression consistent with the exercise of their rights under articles 36, 37 and 41 of the Constitution as result of which Dr. Devji Atelu was injured, the answer is in the affirmative,” Justice Ngaah ruled.
”The respondent could, and can properly be subjected to a criminal trial for the acts or omissions of the officers under his command if those acts or omissions fit the description of offenses as defined in law,”
This follows a legal action taken by human rights groups who filed a petition against Koome for unlawful conduct after he instructed police officers in April of last year to handle striking doctors “firmly and decisively.”
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As a result of this order, KMPDU Secretary General Davji Atelah sustained serious injuries while leading the doctors’ industrial protests at that time.
Human rights organizations quickly pressured the then Inspector General to clarify the intent behind his orders, questioning whether they were meant to harm the Secretary-General.
In his ruling, Justice Ngaah highlighted that the Constitution assigns all command and responsibility powers to the Inspector General (IG) as an individual, making them directly accountable for any orders they give.
Among the lobby groups that brought the case to court were the Katiba Institute, the Kenya Section of the International Commission of Jurists (ICJ Kenya), Transparency International Kenya (TI), The Institute For Social Accountability (TISA), and Muslims for Human Rights (MUHURI).
”The High Court has allowed our Judicial Review application to hold Japhet Koome Nchebere personally responsible for his statement on 14 April 2024 directing the police to deal with striking and picketing doctors firmly and decisively,” Katiba Institute shared after the ruling.
Interpretation
The High Court ruling suggests that, unless contested, any person now has the right to sue the Inspector General of Police for any acts of brutality that arise from orders given to junior officers by the IG.
”A win for accountability against the police. In my opinion, there’s one more hierarchical step up the ladder of accountability when it comes to command responsibility, especially within the police forces. The law may grind slowly but surely,” a legal practitioner shared after the ruling.
The ruling also arrives at a moment when the current Inspector General, Douglas Kanja, is dealing with court cases related to abductions. He is likely to face charges of contempt of court, similar to those his predecessor is currently confronting.
”If Inspector General of Police Douglas Kanja misses the next hearing, I will have no choice but to charge him with contempt of court and sentence him on the spot,” Justice Mwamuye has warned after Kanja missed a court session.
Police Brutality: Former IG Japhet Koome Found Criminally Responsible for Harm to Protestors
