Court: Police IG to be held liable for unlawful force against unarmed demonstrators
Inspector-General of Police Douglas Kanja, and future officeholders, will be held liable for unlawful use of force by officers to disperse peaceful demonstrations, the High Court has ruled.
This is after the court sided with rights lobbies that had sued over last year’s attack on the Kenya Medical Practitioners and Dentists Union (KMPDU) boss, Dr Davji Attelah, during a doctors’ strike.
High Court judge Jairus Ngaah further ruled that the police boss will be held accountable for any acts or omissions by officers under his command and will be personally held liable for any infringement on the rights of demonstrators.
In a boost for Kenyans’ right to picket, Justice Ngaah said the police boss will be personally liable for issuing unconstitutional orders and directives to officers under his command to “use unlawful force to disperse peaceable and unarmed strikes, assemblies, protests, and pickets under Articles 36, 37, and 41 of the Constitution”.
The court added that the police boss will also be held liable for abdicating effective control of police officers under his command by failing to investigate and discipline officers who violate the Constitution by using unlawful force to disperse peaceful and unarmed strikes, assemblies and protests.
In a petition filed by several human rights groups last year during the doctors’ strike, the court also condemned former Inspector-General of Police Japhet Koome to personally pay the costs of the case.
The judge said Mr Koome had no powers to suspend the doctors’ strike in a decision he made on April 14, 2024, as he purported to suspend articles 36, 37 and 41 of the Constitution by cancelling KMPDU members’ right to strike.
The union issued the strike notice on March 6 citing remuneration and contractual term disputes, as well as promotion of consultants.
“For the avoidance of doubt, the decision is hereby quashed,” said the judge.
skiplagat@ke.nationmedia.com
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