The High Court has dealt a blow to former Inspector General of Police Japhet Koome after it ruled that he should be held personally responsible for certain orders that he issued while serving as Kenya's police boss.
Justice Ngaah Jairus of Nairobi Court ruled that Koome errored in his directives to police on how to deal with protestors during his reign and that he should be held responsible. ''As to whether the respondent can be held criminally responsible for the acts of officers under his command in violently disrupting KMPDU (Kenya Medical Practitioners, Pharmacists and Dentists Union) members' peaceful assembly, demonstration or picketing or other forms of expression consistent with the exercise of their rights under articles 36, 37 and 41 of the Constitution as result of which Dr.
Devji Atelu was injured, the answer is in the affirmative,'' Justice Ngaah ruled. ''The respondent could, and can properly be subjected to a criminal trial for the acts or omissions of the officers under his command if those acts or omissions fit the description of offences as defined in law,'' The Kenya Medical Practitioners Pharmacists Dentists Union (KMPDU) Secretary General Davji Atella during an interview on April 17, 2023 Photo KMPDU This is after human rights groups moved to court to file a petition to subject Koome over unlawful conduct where he ordered police officers in April last year to deal with striking doctors 'firmly and decisively.' Upon the issuance of the order, KMPDU Secretary General Davji Atelah was seriously injured while leading industrial protests by the doctors at that time.
Human rights groups then immediately piled pressure on the then IG to come clean on the intention of his orders, as to whether they were intended to harm the SG or not. In his ruling, Justice Ngaah emphasised that the Constitution unequivocally vests all command and responsibility powers in the Inspector General (IG) as an individual, making them directly accountable for any orders they issue.
