Chief Justice (CJ) Martha Koome has firmly denied claims that her remarks influenced the Office of the Director of Public Prosecutions (ODPP) to charge anti-government protesters with terrorism.
In a statement released on Wednesday, CJ Koome clarified that her earlier comments—where she referred to the arson attack on the Kikuyu Law Courts as a “terrorist act”—were solely based on that specific incident. She stressed that her words were not meant to apply to any other demonstrations, people, or places.
Koome emphasized that the ODPP is an independent constitutional body and cannot be manipulated or directed by any outside authority. This came after the ODPP quoted her remarks while explaining its decision to invoke the Prevention of Terrorism Act in charging some protesters.
“It is vital to highlight that the Director of Public Prosecutions operates independently as provided by Article 157(10) of the Constitution,” said CJ Koome. “No individual or authority, not even the Chief Justice, can influence how or when the ODPP decides to charge someone.”
She also noted that the ODPP follows its own internal policies, including the “Decision to Charge Guidelines,” to ensure objectivity and fairness in its legal processes.
Independent Investigations by Police
CJ Koome also made it clear that the National Police Service (NPS), like the ODPP, functions independently. She stressed that all investigations and decisions to prosecute must be founded on credible evidence and legal standards—not on public opinion or remarks from influential individuals.
“Whether it’s the police or the ODPP, their actions should always be rooted in the law and not swayed by public statements,” she added.
Koome highlighted the outcomes of a recent National Council on the Administration of Justice (NCAJ) meeting, which brought together key justice sector institutions—including the Judiciary, ODPP, NPS, IPOA, and civil society organizations.
At the meeting, the stakeholders committed to work more closely together to ensure that law enforcement remains accountable, professional, and true to the Constitution.
Controversy Over Terrorism Charges
The CJ’s response came shortly after the ODPP faced criticism for charging several June 25 and July 7 protesters with terrorism. In its defense, the ODPP argued that the charged individuals had carried out deliberate, fear-inducing acts intended to destabilize public order and disrupt government services.
The ODPP referenced CJ Koome’s June 26 visit to the burnt Kikuyu Law Courts, during which she stated that the arson was not the work of peaceful local protestors, but of individuals brought in from outside to deliberately destroy public property and frighten the community.
Following the incident, 37 people were arrested and charged with terrorism, and authorities warned that more similar charges could follow as investigations continue.
Despite the ODPP citing her statements, CJ Koome insists her role as the head of the Judiciary is not to influence investigations or prosecutions but to uphold the rule of law and constitutional principles.
“All state agencies involved in law enforcement must continue to serve Kenyans without bias or fear,” she concluded.
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