Chief Justice Martha Koome during the LSK conference in Diani, Kwale [LSK/X]Chief Justice Martha Koome has credited the Kenyan Judiciary with taking, what she described as a historic stand in safeguarding personal freedoms.
Koome revealed that the High Court issued a record number of habeas corpus orders in the past year to address claims of abductions and enforced disappearances.
Speaking on Thursday at the 2025 Law Society of Kenya (LSK) Annual Conference in Diani, Kwale County, Koome highlighted the surge in orders, demonstrating the Judiciary’s commitment to upholding constitutional rights and ensuring that both public and private actors operate within the confines of the law.
“At no time in the history of our nation has the courts granted as many orders of habeas corpus as have been granted by the High Court in the last one year,” she said.
“The courts have heard urgent habeas corpus applications and ordered the production of persons allegedly abducted or disappeared.”
The Chief Justice said the unprecedented number of orders granted over the past year reflected not only judicial vigilance but also growing public reliance on the courts as a last line of defence against violation of human rights.
A habeas corpus refers to a legal remedy requiring the production of a detained person before the court and justify their detention.
It has long been a key safeguard against arbitrary arrests and unlawful confinement.
Koome noted that the Judiciary had acted swiftly on urgent applications, ensuring that such cases were prioritised and handled with the seriousness they deserved.
She emphasised that the Judiciary’s role went beyond adjudicating cases, extending to reinforcing the principles of accountability, transparency, and constitutionalism.
The LSK conference, themed “Protecting Constitutionalism and the Rule of Law – Ensuring Accountability”, provided a platform for legal practitioners, judges, and policymakers to reflect on emerging challenges to constitutional governance.
Koome’s remarks came against the backdrop of rising public concern over alleged enforced disappearances and unlawful detentions, with civil society groups and human rights defenders repeatedly sounding the alarm.
