The High Court has ruled that the former Inspector General of Police Japhet Koome should be held personally responsible for certain orders that he issued while serving as Kenya’s police boss.
According to Justice Ngaah Jairus of Nairobi Court, Koome erred in his directives to police on how to deal with protestors during his reign and that he should be held responsible.
”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.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 offences as defined in law,” Justice Ngaah ruled.
In his ruling, Justice Ngaah has moreover emphasised that the Constitution unequivocally vests all command and responsibility powers in the Inspector General as an individual, making them directly accountable for any orders they issue.
The ruling comes after the human rights groups moved to court to file a petition to subject Koome over unlawful conduct where he ordered police officers in April last year to deal with striking doctors ‘firmly and decisively.’
After which KMPDU Secretary General Davji Atelah was seriously injured while leading industrial protests by the doctors at that time.
Human rights groups then immediately piled pressure on the then IG to come clean on the intention of his orders, as to whether they were intended to harm the SG or not.
