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Post Reply: Chief Justice Koome Distances Herself from Blanket Terrorism Charges Against Protesters

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on July 24, 2025, 9:03 am</div><div id="pl-7167"  class="panel-layout" ><div id="pg-7167-0"  class="panel-grid panel-no-style" ><div id="pgc-7167-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7167-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="0 0 []">Chief Justice Martha Koome has publicly clarified her position regarding the terrorism-related charges filed by the Office of the Director of Public Prosecutions (ODPP) against individuals involved in recent protests in Kenya. In a statement issued on July 23, 2025, Koome emphasized that her earlier remarks about an arson attack on the Kikuyu Law Courts were specific to that incident and should not be interpreted as endorsing broad terrorism charges against protesters. Her comments come in response to the ODPP's decision to cite her statements to justify charging dozens of individuals with terrorism-related offenses following violent demonstrations on June 25 and July 7, 2025.</p>
<p dir="ltr">On June 25, 2025, during protests marking the anniversary of the Gen Z demonstrations, the Kikuyu Law Courts were set ablaze, resulting in significant damage to the facility and the destruction of numerous case files. The attack disrupted ongoing judicial proceedings and prompted the indefinite suspension of operations at the court. Chief Justice Koome visited the site the following day, June 26, and described the arson as an act of terrorism targeting Kenya’s justice system. She noted that the attack was not merely criminal but appeared to be a deliberate attempt to undermine the rule of law. Koome’s remarks were based on preliminary security briefings and were specific to the Kikuyu incident, where she believed the protests had been hijacked by criminal elements.</p>
<p dir="ltr">During her visit, Koome expressed concern for the 23 judicial staff stationed at the Kikuyu Law Courts, confirming their safety but highlighting the impact on justice seekers who rely on the court’s services. She urged Kenyans to distinguish between lawful demonstrations and violent acts, emphasizing that the right to assemble, as protected under Article 37 of the Constitution, must be exercised peacefully and without causing harm or destruction.</p>
<p dir="ltr">The ODPP, in a statement released on July 21, 2025, defended its decision to charge 37 individuals arrested in connection with the Kikuyu Law Courts arson and other violent incidents during the June 25 and July 7 protests with terrorism-related offenses under the Prevention of Terrorism Act (POTA). The office argued that the charges were based on evidence of premeditated and coordinated acts intended to disrupt essential services, intimidate the public, and destabilize government operations. The ODPP specifically referenced Koome’s description of the Kikuyu arson as an act of terrorism to support its legal stance, citing Sections 2 and 4 of POTA, which define terrorism as acts intended to cause serious disruption or widespread fear.</p>
<p dir="ltr">The ODPP’s decision sparked significant public outcry, with opposition leaders, civil society organizations, and human rights groups criticizing the charges as an overreach and an attempt to suppress dissent. Critics, including constitutional expert Bobby Mkangi, argued that invoking anti-terrorism laws against protesters reflects government weakness rather than strength, particularly in a country with a history of terror attacks. Mkangi, a key figure in drafting Kenya’s 2010 Constitution, suggested that the timing of these charges indicates a strategic move to silence political expression rather than address genuine security threats.</p>
<p dir="ltr">In her July 23 statement, Chief Justice Koome firmly distanced herself from the ODPP’s broad application of terrorism charges. She clarified that her June 26 remarks were limited to the specific context of the Kikuyu Law Courts arson and were not intended to apply to other protests, events, or individuals. Koome stressed that the ODPP operates independently under Article 157(10) of the Constitution, which shields the office from external influence, including her own statements. Similarly, she noted that the National Police Service (NPS) functions independently under Article 245(2)(b), and decisions to investigate or prosecute must be grounded in credible evidence and adherence to the law, not public sentiment or her comments.</p>
<p dir="ltr">Koome reiterated the Judiciary’s commitment to upholding constitutional principles and ensuring fair hearings for all individuals brought before the courts. She called for a clear distinction between peaceful demonstrations and criminal acts, urging citizens to maintain faith in the justice system. During a National Council on the Administration of Justice (NCAJ) meeting on July 15, 2025, Koome and other justice sector stakeholders agreed to strengthen cooperation between the Judiciary, ODPP, NPS, Independent Policing Oversight Authority (IPOA), and civil society to ensure accountable law enforcement and protect human rights defenders from harassment or criminalization.</p>
<p dir="ltr">The June 25 and July 7 protests, which included the Saba Saba Day commemoration, saw significant violence, with reports of 11 deaths, 52 injured police officers, 11 injured civilians, and damage to 19 vehicles, according to the NPS. The protests, initially sparked by opposition to the Finance Bill, have highlighted tensions between the public’s right to protest and the state’s responsibility to maintain order. Koome has consistently condemned the use of excessive force by security agencies, as seen in her July 1, 2024, statement during the admission of 401 advocates, where she criticized police brutality against peaceful protesters and called for perpetrators to face legal consequences.</p>
<p dir="ltr">The Chief Justice has also faced challenges to judicial independence, including the controversial withdrawal of her security detail in January 2025, which she described as a violation of the separation of powers. Public reactions to this incident were mixed, with some condemning it as a threat to judicial autonomy and others arguing that the Judiciary must remain accountable. Additionally, Koome has addressed issues like gender-based violence, femicide, and corruption allegations within the Judiciary, emphasizing transparency and public trust in her leadership.</p>
<p dir="ltr">Koome’s statement underscores her commitment to a balanced approach that respects constitutional rights while condemning acts of violence. She called for collaboration between state and non-state actors to find sustainable solutions to Kenya’s challenges, emphasizing that the Judiciary remains dedicated to delivering justice despite disruptions. Her remarks reflect a broader effort to rebuild public confidence in institutions at a time when trust in government is low, particularly among young Kenyans who have been vocal in recent protests.</p>
<p dir="ltr">The Chief Justice’s clarification has been echoed on platforms like X, where posts from major Kenyan news outlets, including The Standard, KTN News, and Eastleigh Voice, reported her insistence that investigations and prosecutions must be evidence-based and not influenced by her statements or public sentiment. As Kenya navigates this period of heightened democratic pressure, Koome’s leadership continues to focus on upholding the rule of law and ensuring that justice remains accessible and impartial for all.</p>
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