Judiciary condemns police brutality during Tuesday’s protests, vows to uphold rule of law

The judiciary has condemned rising incidents of police brutality and the growing trend of peaceful protests being infiltrated by goons, vowing to uphold justice when the matters are brought before its courts.

In a statement, Judiciary spokesperson, Paul Ndemo, reiterated that the National Police Service (NPS) bears constitutional responsibility to identify, apprehend, and prosecute individuals who sponsor or orchestrate acts of violence.

“As some of these matters are now before the courts, the Judiciary wishes to assure the nation that the courts remain committed to their constitutional mandate to uphold justice, including in cases relating to police brutality and other forms of misconduct. We are committed to ensuring that these matters are processed through the justice system in a timely, impartial, and independent manner through processes anchored in the rule of law,” he said.

Ndemo added that the events of the past weeks have tested the conscience of the nation.

“It is important for the nation to appreciate that world-over, Judges and even Chief Justices, are constrained not to comment on matters that are likely to become the subject of court processes. This is to protect the impartiality and independence of judicial processes. Indeed, this is one of the reasons that informed the establishment of the Office of the Spokesperson for the Judiciary to ensure that a non-judicial officer can address public concerns without breaching the bar on judicial officers and judges from commenting on issues that are likely to be subject to judicial proceedings,” said Ndemo.

At the same time, the Law Society of Kenya’s Nairobi branch has confirmed the identity of a suited man caught in a viral clip being robbed and assaulted by goons along Koinange Street.

In a statement, the Branch’s Chairperson, Eric Kivuva, condemned the goons’ assault on unarmed protestors and innocent passersby, saying it is barbaric.

“Amid the unrest, our attention has been drawn to a widely circulated video showing the assault of Advocate Ken Ochieng, identified as P.105/5567/04, an active member of the Branch. The LSK Nairobi branch unequivocally condemns the excessive use of force against innocent Kenyans and the senseless maiming of those who are peaceably exercising their constitutional rights. Particularly, the assault on an Advocate, an officer of the law, is barbaric and has no place in our constitutional order,” he said.

The branch also took issue with the shooting of an unarmed hawker along Moi Avenue and vowed to press for justice.

It further called on relevant security agencies to protect all Kenyans and ensure that protestors can exercise their constitutional rights and freedoms without intimidation or interference.

“Worryingly and perhaps in a show of mockery to the very aim of the protests, a uniformed police officer was caught in the full glare of cameras opening fire on an unarmed mask vendor, resulting in serious injury. The situation was further made worse by the infiltration of the protests by rungu-wielding goons who seemed to enjoy the protection of the police in terrorising innocent Kenyans,” added Kivuva.

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