CJ Koome Distances Herself From Use Of Her Remarks In Justifying Terrorism Charges Against Protesters

Chief Justice Martha Koome has distanced herself from remarks by the Office of the Director of Public Prosecutions (ODPP) linking her past comments to the justification of terrorism charges against protesters involved in the June 25 and July 7 anti-government demonstrations.

In a strongly worded statement on Wednesday, CJ Koome clarified that her comments made during a June 26 visit to Kikuyu Law Courts were specific to the targeted arson attack on the court and nearby government offices. She emphasized that prosecutorial decisions must be based solely on evidence, not public statements — including her own.

“At the time, based on preliminary security briefings, I stated that the destruction was not carried out by local residents or peaceful protestors, but by individuals brought in with the intent to destroy the court and adjacent public property,” said Koome.

She noted that her remarks should not be interpreted as supporting the use of terrorism laws in unrelated protest cases. “Decisions to investigate or prosecute must be based on credible evidence and the law. They are not influenced by public statements made by any individual, including the Chief Justice,” she asserted.

Koome’s clarification follows a recent statement by the DPP defending its decision to charge some protesters under the Prevention of Terrorism Act (POTA). The DPP cited the CJ’s earlier remarks to justify claims that the protests amounted to terrorism, saying the actions were part of a coordinated plan to destroy public institutions and instill fear.

However, the move has sparked sharp criticism from human rights groups and legal experts. Over 20 civil society organisations under the Police Reforms Working Group (PRWG) have condemned the charges, warning that using anti-terror laws to police public protests undermines civil liberties and Kenya’s global image on counterterrorism.

“We are deeply concerned by the continued misuse of the Prevention of Terrorism Act to manage public order in more than 100 other cases,” the PRWG said in a joint statement.

In her address, CJ Koome echoed the concerns and reiterated the resolutions of the National Council on the Administration of Justice (NCAJ) meeting held on July 15. The Council underscored the need for law enforcement to operate within constitutional limits and protect the rights of all citizens, including human rights defenders.

“Our goal is a criminal justice system that remains true to the Constitution and serves the public interest,” Koome said.

She assured Kenyans that the Judiciary is committed to upholding fairness, justice, and the rule of law: “Everyone brought before the courts, regardless of the charge, will be treated fairly and given a full and fair hearing.”