Koome faults DPP for citing her to justify terrorism charges against protestors

Chief Justice Martha Koome has distanced herself from remarks attributed to her by the Office of the Director of Public Prosecutions (ODPP) in its defence of terrorism charges brought against protesters involved in the June and July demonstrations.

In a statement issued Wednesday, Koome clarified that her comments following the June 26 visit to the burnt Kikuyu Law Courts were specific to that incident and not intended to justify broader prosecutorial decisions.

The ODPP had on Monday quoted the Koome’s description of the Kikuyu incident as “an act of terrorism” along with references to the Prevention of Terrorism Act, to support the threshold for terrorism charges.

However, the Chief Justice now says her remarks were based on preliminary security briefings at the time and were only meant to address the specific attack on the Kikuyu Law Court and adjacent offices.

“I stated that the destruction was not carried out by local residents or peaceful protestors. Instead, the attackers were individuals brought in from outside Kikuyu, with the specific intention of destroying the court and adjacent public property,” said Koome.

“My remarks when I visited the site were made in direct response to the attack on the Kikuyu Law Court and reflected the security briefing received at the time. They were specific to that incident and not meant to apply to any other protests, events, individuals, or locations,” she added.

Koome reiterated the independence of investigative and prosecutorial bodies under the Constitution, noting that decisions to investigate or charge individuals must be based on credible evidence and not public statements made by any individual including the Chief Justice.

She also reaffirmed the commitment of the Judiciary to uphold constitutional rights, fairness, and due process in all proceedings.

“Everyone brought before the courts, regardless of the charge, will be treated fairly and given a full and fair hearing as required by the Constitution and the law.”

Also read: https://www.kbc.co.ke/odpp-terror-charges-on-protest-unrest-suspects-warranted/

 https://www.kbc.co.ke/explainer-9-offenses-that-constitute-terrorism-in-kenya/