Azimio drops four demands as court narrows protest deaths petition

The parties appeared before the court and recorded a consent in which four prayers in the petition were formally withdrawn.

The move narrows the scope of the dispute and allows the court to focus on the core constitutional questions raised in the case, particularly the doctrine of command responsibility.

“We are withdrawing prayers e, g, f and h in the petition because the issues have been resolved. We, however, would like to proceed with the constitution regarding the doctrine of command responsibilities,” the coalition told the court.

The doctrine of command responsibility assigns liability to senior officers for unlawful acts committed by officers under their command where there is knowledge of the acts or a failure to prevent them.

Azimio has anchored its case on this principle, urging the court to find that commanders in charge of police units or formations can be held accountable for the actions of officers under their command.

Following the withdrawal, the court directed all parties to file and exchange written submissions within 21 days, after which a date for highlighting the submissions will be issued.

Azimio filed the petition over the conduct of security agencies during the demonstrations. The coalition has sued the Inspector General of Police, the National Police Service and the Attorney General.

In its pleadings, Azimio claims that more than 70 people were killed during the protests as a result of police action, saying it documented at least 75 deaths. It wants the court to make findings against the Inspector General and senior commanders, arguing they bear responsibility for the conduct of their officers.

The petition initially sought multiple prayers, including interim and declaratory orders. However, after engagements between the parties, the petitioners agreed to withdraw four prayers by consent to streamline the proceedings and leave the court to determine the remaining constitutional and accountability questions.

The case will proceed on the basis of the surviving prayers once submissions are filed and considered by the court.