The High Court has declared former Inspector General of Police Japhet Koome personally responsible for injuries caused to striking doctors during his tenure.
Justice Ngaah Jairus ruled that Koome’s directives to police officers violated constitutional rights and resulted in harm, making him criminally liable for the consequences.
The case arose after Koome, in April 2023, ordered police officers to handle striking doctors “firmly and decisively.”
Following this directive, Dr. Davji Atella, the Secretary General of KMPDU, was seriously injured after being hit by a teargas canister while leading peaceful protests.
And he was hospitalized for a while.
As a result of the attack, the Court ordered the then IG Koome to publicly apologize to Dr. Davji Atellah.
Human rights groups, including Katiba Institute, ICJ Kenya, Transparency International Kenya, TISA, and MUHURI, filed a petition challenging Koome’s actions. They argued that his orders infringed on the doctors’ rights to peaceful assembly and picketing, as guaranteed under Articles 36, 37, and 41 of the Constitution.
Justice Ngaah stressed that the IG of Police is fully responsible for the orders they give. He ruled that Koome could face criminal charges if the officers’ actions qualify as crimes.
“The respondent could, and can, properly be subjected to a criminal trial for the acts or omissions of the officers under his command,” Justice Ngaah stated.
This ruling is important because it lets people hold the Inspector General of Police personally responsible for police brutality caused by their orders. A legal expert termed it “a win for accountability” and added, “The law may work slowly, but it works surely.”
The case also comes amid ongoing legal challenges for current Inspector General Douglas Kanja.
Justice Mwamuye recently warned Kanja about facing contempt of court charges over missed hearings related to abduction cases.
By Vivian K.