The High Court has dealt a blow to the Law Society of Kenya’s (LSK) attempt to reform police procedures regarding weekend and holiday arrests.
LSK’s case aimed to compel law enforcement to either present suspects in court within 24 hours of arrest or grant them bail if apprehended during weekends or holidays, a practice criticized for its perceived abuse during past administrations.
The society’s legal challenge stemmed from concerns over what they termed “kamata kamata” Fridays, allegedly employed to settle political scores during the tenure of President Uhuru Kenyatta.
LSK argued that suspects were frequently detained without prompt court appearance, leading to potential violations of their rights.
However, Justice Lawrence Mugambi, presiding over the case, ruled that LSK failed to substantiate its claims with concrete evidence, stating, “The petitioner cannot expect the court to act on assumptions regarding allegations of abuse of power.”
Despite LSK’s accusations of police and judiciary misconduct, Justice Mugambi remained unconvinced by the arguments presented.
LSK also raised objections to the publicizing of suspects’ names and photos by the police, asserting that it prejudiced fair trial rights.
Nevertheless, Justice Mugambi maintained that judges and magistrates are impartial and not influenced by media coverage.
This ruling diverged from a previous stance taken by Justice George Odunga, who deemed the state’s practice of Friday arrests unconstitutional and abusive.
In a separate case, Justice Odunga criticized the tactic, asserting that it violated suspects’ rights and mirrored darker periods in the country’s history. While LSK’s efforts to challenge weekend and holiday arrest procedures have been thwarted, concerns over police conduct during such arrests persist.
