The National Police Service (NPS) has launched an appeal against a High Court ruling that held the Inspector General of Police (IGP) and future officeholders criminally liable for atrocities committed by junior officers during the dispersal of peaceful protests.
This follows a groundbreaking judgment by Justice Jairus Ngaah, which allowed civil society groups, led by the Katiba Institute, to sue former IGP Japheth Koome over his authorization of excessive force against striking medics in early 2024.
The NPS and Koome, who resigned in July 2024 amid mounting criticism, argue that the ruling undermines the operational structure of the police force and sets a dangerous precedent. Through his lawyer, Kiautha Arithi, Koome contends, “The ruling challenges the chain of command and accountability within the service.”
The appeal seeks to overturn Justice Ngaah’s decision, which declared Koome’s directive to use force against peaceful protests unconstitutional and a violation of fundamental rights, including the freedom to assemble and protest.
A Case Rooted in Protest Violence
The case stems from Koome’s directive to police officers to handle demonstrations “firmly and decisively,” leading to the brutal suppression of a strike by the Kenya Medical Practitioners and Dentists Union (KMPDU). On February 29, 2024, officers used excessive force against KMPDU officials, including Dr. Davnji Attela, during a peaceful protest near the Ministry of Health headquarters.
Justice Ngaah criticized Koome for issuing the directive after the strike had already begun and failing to investigate the violent actions of officers. He ruled that Koome, under the doctrine of command responsibility, was personally liable for unconstitutional orders that resulted in unlawful force against unarmed medics.
The court ordered Koome to:
- Compensate KMPDU leaders for injuries sustained during the crackdown.
- Investigate and discipline officers involved in the violent dispersal, including those from Kilimani and Capitol Hill police stations.
- Reimburse civil society organizations for costs incurred while pursuing justice.
NPS Pushback
In their appeal, the NPS and Koome seek to block the implementation of the High Court ruling. They also want to prevent civil society groups, including the Katiba Institute and the International Commission of Jurists (ICJ), from pursuing legal action against the police leadership.
The appellate court’s decision will set a significant precedent on the scope of accountability for police commanders in Kenya. For now, the ruling remains a landmark moment in the fight for police accountability, human rights, and the rule of law.
