Former Inspector General of Police Japheth Koome may face a landmark criminal trial after a High Court ruling held him accountable for officers’ violent actions during a peaceful doctors’ protest in April 2023.
The Kenya Medical Practitioners and Dentists Union (KMPDU) was protesting delayed postings of interns and postgraduate student fees when police disrupted the demonstration. KMPDU Secretary-General Davji Atela suffered severe injuries from a tear gas canister.
Justice Jairus Ngaah ruled Koome’s directive to deal with the protest “firmly and decisively” violated constitutional rights. Despite claims of threats to public safety, the court found no justification for dispersing unarmed protesters and emphasized Koome’s duty to uphold human rights while maintaining order.
The court also quashed Koome’s suspension of Article 37, which guarantees peaceful assembly, and highlighted the lack of procedural fairness in his decision. While damages for Atela were denied due to insufficient evidence, Koome was declared personally liable for the unconstitutional use of force.
Katiba Institute lauded the ruling, stating it reinforces accountability for public officers. Kenyans widely supported the decision, emphasizing that no one is above the law.
