CJ Koome: Police must distinguish peaceful protesters from criminal infiltrators

Chief Justice Martha Koome has called for a more nuanced and professional approach by law enforcement officers during public protests, urging police to distinguish between peaceful demonstrators and criminal elements who exploit such gatherings to cause violence.

Speaking while presiding over the swearing-in of new commissioners to the National Police Service Commission in Nairobi, Koome said recent waves of protests across the country have exposed serious tensions in the nation’s democratic fabric.

The CJ noted a need to uphold constitutional rights while maintaining public order through professional policing.

“Our country and our democratic fabric have come under strain through waves of public protests,” Koome said. “These moments have reminded us of the delicate balance that must be maintained between the constitutional right to peaceful assembly and protest and the imperative of people-centered, professional policing.”

While peaceful protest is a protected right under the Constitution, Koome said, there have been acts of violence, looting, and destruction of property under the guise of public demonstrations.

“Members of the public must exercise their right to protest peacefully without carrying arms and engaging in destruction, looting, or vandalism of public infrastructure,” she said.

At the same time, the Chief Justice cautioned police officers against the use of excessive force, calling instead for restraint and adherence to human rights standards in their response to civil unrest.

“Police must respond with restraint, proportionality and strict adherence to human rights standards, avoiding acts that could cause unnecessary harm or loss of life,” she said.

Koome urged law enforcement to separate peaceful protesters from criminal infiltrators who take advantage of the unrest to commit illegal acts.

“It is also upon the police to distinguish between peaceful demonstrators and criminal elements who infiltrate protests to incite violence, apprehend and process such elements through our justice system,” she added.

Her remarks come amid growing scrutiny of police conduct during recent youth-led demonstrations, with concerns about reports of police brutality, unlawful detentions, and the use of live ammunition on unarmed protesters.

At the same time, there have been concerns over the deployment of 'goons' – youth groups armed with batons and whips to attack protesters and loot businesses.

In Monday demos, police said they recorded 11 fatalities as officers tackled crowds in the streets to mark the 35th anniversary of the 1990 pro-democracy Saba Saba protests, while 52 officers and 11 civilians were injured.

Cases of vandalism to business premises were also recorded in several towns across at least 15 counties.

Two weeks ago, on June 25, anti-2024 Finance Bill anniversary protests left over 16 people killed, most by police, per the rights group Amnesty International Kenya.

In addition to businesses, youthful groups also attacked at least nine police stations, torching at least five, as well as courts and county government offices and vehicles.