Judiciary condemns police brutality, vows to uphold rule of law

The Judiciary has expressed concern over rising threats to the rule of law, citing increasing cases of police brutality and violence during recent protests.

In a statement on Wednesday, the Judiciary spokesperson Paul Ndemo conveyed its condolences to the family of Albert Ojwang and wished a quick recovery to those injured in the recent demonstrations.

“The events of the past weeks have tested the conscience of our nation. The Judiciary extends its deepest condolences to the family of Albert Ojwang,” Ndemo said.

“We also wish a quick and full recovery to those who have been injured during recent protests.”

The Judiciary raised alarm over what it termed as unjustified police force and the infiltration of peaceful protests by violent individuals. 

It noted that these actions threaten public safety and the right to assemble peacefully.

Ndemo noted that the National Police Service (NPS) has a legal and constitutional duty to identify and prosecute those responsible for violence, including those who sponsor or organise such acts.

While acknowledging that some of these cases are already before the courts, the Judiciary assured the public that justice will be served.

“The courts remain committed to their constitutional mandate to uphold justice, including in cases relating to police brutality and other forms of misconduct,” Ndemo said.

The Judiciary also emphasised that these matters would be handled through impartial, independent processes rooted in the rule of law.

Ndemo further explained why judicial officers, including Judges and the Chief Justice, often avoid public comment on such issues, which may become subject to court processes. 

“This is to protect the impartiality and independence of judicial processes,” Ndemo said.

“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.”

The statement comes hours after a police officer shot an unarmed masked vendor in Nairobi’s CBD.

Boniface Kariuki was shot point-blank by an anti-riot officer at Imenti House, during Tuesday’s protest against the gruesome murder of Ojwang’.

Kariuki, in videos going viral on social media, was accosted by two cops while selling masks to protesters, during which one of the cops fired at him.

Following his shooting, where he can be seen falling down and blood oozing from his head, it was initially presumed he had died.

The man is receiving treatment at the Kenyatta National Hospital.