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Post Reply: Chief Justice Koome Clarifies Role in Terrorism Charges, Emphasizes Judicial Independence

<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 26, 2025, 6:00 am</div><div id="pl-7249"  class="panel-layout" ><div id="pg-7249-0"  class="panel-grid panel-no-style" ><div id="pgc-7249-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7249-0-0-0" 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="1 1 []">Chief Justice Martha Koome has publicly addressed concerns over her alleged influence on terrorism-related charges filed by the Office of the Director of Public Prosecutions (ODPP) against individuals involved in recent protests. In a detailed statement, Koome clarified that her earlier remarks regarding the arson attack on Kikuyu Law Courts were specific to that incident and should not be interpreted as a blanket endorsement of terrorism charges against all protesters. She emphasized the independence of the ODPP and the National Police Service (NPS) in making prosecutorial and investigative decisions, underscoring that such decisions must be grounded in credible evidence and adherence to the law, not swayed by public statements, including her own.</p>
<p dir="ltr">The controversy stems from Koome's visit to the Kikuyu Law Courts on June 26, 2025, a day after the facility was set ablaze during nationwide demonstrations. During her visit, Koome described the arson as an act of terrorism, citing preliminary security briefings that suggested the attack was orchestrated by individuals brought from outside Kikuyu with the intent to destroy public property. The destruction not only damaged the court’s infrastructure but also disrupted dozens of ongoing cases due to the loss of case files, many of which lacked digital backups. Koome expressed concern for justice seekers affected by the disruption and condemned the act as an attack on Kenya’s justice system, urging a distinction between peaceful protests and criminal acts.</p>
<p dir="ltr">The ODPP, led by Director of Public Prosecutions Renson Ingonga, referenced Koome’s remarks in a statement on July 21, 2025, to justify charging several protesters under Kenya’s Prevention of Terrorism Act (POTA) for their alleged roles in the June 25 and July 7 protests. These protests saw widespread vandalism, including the torching of courts, police stations, and government buildings, as well as attacks on public officers. The ODPP argued that such acts met the legal threshold for terrorism under POTA Sections 2 and 4, as they were intended to disrupt essential services and instill fear. The office maintained that the charges were based on evidence and national security considerations, not political motives, and assured the public that all accused individuals would receive fair trials with full access to legal representation and due process.</p>
<p dir="ltr">However, Koome’s initial comments drew sharp criticism from human rights organizations, legal experts, and activists, who accused the ODPP of misusing terrorism charges to suppress peaceful dissent. The Law Society of Kenya (LSK) argued that Koome’s statement had emboldened law enforcement to apply POTA disproportionately, rather than using more appropriate charges under the Penal Code or Public Order Act. Constitutional law scholar Bobby Mkangi described the use of anti-terror laws against protesters as a sign of governmental weakness, warning that it undermines Kenya’s democratic space and reflects a historical pattern of suppressing dissent. A coalition of over 20 human rights organizations under the Police Reforms Working Group (PRWG) echoed these concerns, noting that the application of terrorism charges in over 100 protest-related cases threatens civil liberties and Kenya’s credibility in global counterterrorism efforts.</p>
<p dir="ltr">In response to the backlash, Koome issued a clarification on July 23, 2025, distancing herself from the ODPP’s use of her remarks. She reiterated that her June 26 comments were specific to the Kikuyu incident and based on information provided by security officials at the time. Koome stressed that the ODPP operates independently under Article 157(10) of the Constitution, which prohibits external influence on prosecutorial decisions. Similarly, she noted that the NPS, under Inspector General Douglas Kanja, functions independently under Article 245(2)(b), and investigations must be evidence-based. Koome emphasized that her role as Chief Justice does not extend to directing or influencing charging decisions, which are the sole prerogative of the DPP.</p>
<p dir="ltr">During a National Council on the Administration of Justice (NCAJ) meeting on July 15, 2025, justice sector stakeholders, including Koome, reaffirmed their commitment to upholding constitutional principles, protecting vulnerable populations, and maintaining public confidence in the justice system. Koome highlighted the need for law enforcement to balance security imperatives with constitutional protections, ensuring that the rights to peaceful assembly and expression are respected. She urged the police to distinguish between peaceful protesters and criminal elements who infiltrate demonstrations, and called for proportional responses to maintain order without violating human rights.</p>
<p dir="ltr">Koome also addressed broader concerns about the integrity of Kenya’s criminal justice system, particularly in light of the recent protests, which resulted in significant loss of life and property. According to the Independent Policing Oversight Authority (IPOA), the June and July protests led to 65 fatalities, 342 civilian injuries, and 171 police injuries, alongside widespread damage to public and private infrastructure. Koome expressed condolences to the families of those who lost their lives and sympathy for those whose businesses were affected, reiterating that the right to protest must be exercised peacefully and without causing harm or destruction.</p>
<p dir="ltr">The Chief Justice’s clarification comes amid heightened public and legal scrutiny of the government’s handling of the protests. Prominent figures, including Siaya Governor James Orengo and former Chief Justice David Maraga, have criticized the use of terrorism charges as an overreach, with some activists, like Boniface Mwangi, facing such charges before they were dropped in favor of lesser offenses. Koome’s statement seeks to restore public trust in the judiciary by affirming its commitment to fairness and impartiality. She assured Kenyans that all individuals brought before the courts, regardless of the charges, will receive fair hearings in accordance with the Constitution and the rule of law.</p>
<p dir="ltr">As Kenya navigates this period of unrest, Koome called for collaborative efforts among state and non-state actors to address the underlying issues fueling demonstrations. She urged citizens to refrain from violence and vandalism, emphasizing that such acts undermine national stability and access to justice. The judiciary, she pledged, remains steadfast in delivering justice despite the challenges posed by recent events, with a focus on protecting the most vulnerable and upholding human dignity.</p>
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