In a major decision, the High Court has ruled that top public officials in Kenya can now be served with court documents through their official emails or offices under certain conditions. This change is especially allowed in situations where there are serious concerns about security or possible intimidation.
The ruling came after a legal application filed by former Inspector General of Police, Japhet Koome. He had asked the court to cancel an earlier judgment that found him responsible for the brutal actions of police during the Gen-Z protests in June 2025.
Koome argued that the judgment should be set aside because he was never personally served with the court papers.
However, on Monday, May 26, Justice Roselyne Aburili rejected Koome’s arguments. She dismissed the claim that he was not served properly and made it clear that senior government officials like Koome can indeed be served court papers in other ways — such as electronically or through their official offices — especially in cases where direct personal service could pose a threat to the safety of those delivering the documents.
Justice Aburili explained that delivering court papers to someone like the Inspector General of Police is not always simple. “There are important security issues and procedures involved,” she said. “Expecting a process server to track down and hand-deliver documents to someone in such a powerful position may not be realistic.”
The judge stressed that it is reasonable for the people serving legal papers to be afraid of intimidation or threats, particularly when dealing with high-ranking officers or approaching police stations during politically sensitive times like protests or strikes.
This decision follows a previous ruling by Justice Ngaah Jairus, who held that Koome could not escape responsibility for the excessive use of force by police officers under his command during the Gen-Z protests. As the head of the police at the time, Koome was deemed accountable for their actions.
In a separate but related case, a human rights organization has filed a petition against Koome, accusing him of giving unlawful orders to police officers during a doctors’ strike in April last year.
According to the petition, Koome allegedly told officers to take tough action against the striking medical workers.
During that period, Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) Secretary General, Dr. Davji Atelah, was badly injured while leading the protests.
The petition claims that the police’s harsh response was a result of Koome’s direct instructions, and the group is now seeking to hold him accountable in court.
This latest court decision not only affects Koome but also sets a strong precedent for how legal documents can be served to public officials in Kenya moving forward.
It highlights the need to balance legal procedures with the safety of those involved, especially in tense political and social environments.
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