CJ Koome speaks on claims of influencing terrorism charges on protesters
CJ Koome speaks on claims of influencing terrorism charges on protesters
Chief Justice (CJ) Martha Koome has distanced herself from a statement by the Office of the Director of Public Prosecutions (ODPP) that her remarks swayed the charging of protesters with terrorism.
In a press release on Wednesday, CJ Koome reiterated her remarks that the protesters who torched the Kikuyu Law Courts had committed a terrorist act were in direct response to that specific incident and were not meant to apply to any other protests, events, individuals, or locations.
As such, she maintained that ODPP was an independent entity, whose decision-making when preferring changes could not be influenced by an outside party, even though it cited her remarks in explaining the Prevention of Terrorism Act on Monday.
“It is important to emphasise that the Office of the Director of Public Prosecutions is fully independent, as guaranteed by Article 157(10) of the Constitution. This means that the DPP cannot be directed or influenced by any person or authority,” she stated.
“This independence is further protected by internal guidelines, such as the Decision to Charge Guidelines.”
In addition to the ODPP, the Chief Justice relayed that the National Police Service (NPS) was also an independent institution, particularly during investigations.
“Therefore, all decisions to investigate or prosecute must be based on credible evidence and the law. They are not influenced by public statements made by any individual, including the Chief Justice,” she insisted.
She further cited the outcomes of a recent National Council on the Administration of Justice (NCAJ) meeting that brought together several justice bodies that resolved to, among others, enhance cooperation to ensure law enforcement is effective, accountable, and aligned with constitutional mandates.
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The entities, including the Judiciary, ODPP, NPS, Independent Policing and Oversight Authority (IPOA), Civil Society Organisations, and other oversight bodies, also reportedly agreed to remain steadfast in upholding their constitutional mandate to serve all Kenyans without fear or favour.
Koome’s response comes mere days after ODPP set out to explain the Prevention of Terrorism Act following public outrage over the spike in terrorism charges brought against protesters of the June 25 and July 7 demonstrations.
The office claimed that the acts perpetrated by the protesters charged with terrorism were premeditated, sought to evoke fear and cripple government operations, thus the terrorism charges.
It further quoted Koome’s remarks when visiting the torched Kikuyu Law Courts on June 26, when she claimed that the destruction was not carried out by local residents or peaceful protestors but by outsiders brought in to deliberately torch the premises a form of terrorising the community.
The 37 arrested in connection with the arson were charged with terrorism, opening the door for dozens more to face the charge in subsequent court hearings.
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