In a press statement released on June 25, 2024, Chief Justice Martha Koome expressed grave concern over the numerous allegations of protester abductions amidst the ongoing mass protests in Kenya.

The Chief Justice strongly emphasized that such actions, carried out by unidentified persons and without presenting the abducted individuals before a court of law, directly undermine the rule of law, human rights, and constitutionalism – the guiding national values and principles of governance enshrined in Article 10 of the Constitution.

Chief Justice Koome drew attention to the constitutional rights of arrested persons under Article 49, which include the right to be informed of the reason for the arrest, to communicate with an advocate, and to be presented before a court within twenty-four hours of the arrest. She also highlighted the rights of detained persons under Article 51, such as the entitlement to petition for an order of habeas corpus.

“Our Transformative Constitution mandates that law enforcement operates strictly within the confines of the Bill of Rights and the law,” stated Chief Justice Koome. “Any deviation from these stipulations not only invites anarchy and lawlessness in our country but also constitutes a severe assault on the value-order of governance outlined in Article 10 of the Constitution.”

The Chief Justice called upon all state agencies within the justice sector to uphold their constitutional duties and ensure compliance with the Constitution and the law. She urged the agencies, working under the National Council on the Administration of Justice (NCAJ), to process any criminal actions lawfully and to investigate and address the allegations of abductions related to the ongoing protests with the utmost urgency.

Koome assured the nation that the courts are prepared to operate beyond standard working hours if the abducted persons are presented before court and to consider any petitions for habeas corpus. “This commitment is to ensure that our nation continues on the path of the rule of law and constitutionalism and to guarantee that all state and non-state actors operate within the strict boundaries erected by our Bill of Rights,” she affirmed.

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