High Court Deems Former Police IG Japhet Koome Criminally Responsible

Former Inspector General of Police Japhet Koome, in a legal and criminal sense, is in big trouble. This is after the High Court ruled that he should be held personally responsible for certain directives he issued while he was in charge of the National Police Service (NPS).

Justice Ngaah Jairus of Nairobi Court ruled that Koome erred in his directives to his officers in terms of dealing with protesters during his reign.

Of specific mention is his directives to his officers after complaining about the doctors' strike back in April 2024, stating that the striking medics should be dealt with firmly and decisively.

"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."

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.

Katiba Insititute, Kenya Section of the International Commission of Jurists (ICJ Kenya), Transparency International Kenya (TI), The Institute For Social Accountability (TISA), and Muslims for Human Rights (MUHURI) were among some of the lobby groups that presented the matter to court.

''The High Court has allowed our Judicial Review application to hold Japhet Koome Nchebere personally responsible for his statement on 14 April 2024 directing the police to deal with striking and picketing doctors firmly and decisively,'' Katiba Institute shared after the ruling.

Interpretation

The High Court ruling means that, unless challenged, any individual will now have the right to sue the Inspector General of Police for any form of brutality resulting from orders issued to junior officers by the IG.

''A win for accountability against the police. In my opinion, there's one more hierarchical step up the ladder of accountability when it comes to command responsibility, especially within the police forces. The law may grind slowly but surely,'' a legal practitioner shared after the ruling.

On April 17, 2024, Justice Ngaah ordered Koome to pay compensation to KMPDU Secretary General Davji Atellah using his personal funds; to compensate his KMPDU counterpart in the form of general damages from injuries he sustained while leading medical interns in protests within Nairobi.

IG Koome was also directed to publish an apology to Dr Atellah for the violation of his rights by the police during the protests, an apology that should be published in a national newspaper within 14 days.

Since he resigned from office on July 12, 2024, in light of police brutality aplenty, especially during anti-government demonstrations in 2023 and 2024 under his reign, the post of Inspector-General of Police has been a curse.

His successor, Douglas Kanja, is facing court cases against his office on abductions, a case where he is likely to be charged with contempt of court and similar charges that his predecessor is facing.

Gilbert Masengeli, who served as acting Police IG, was sentenced to six months in jail over contempt of court, having failed to honour summons six times to answer for the disappearance of two siblings and an activist in Kitengela Town. The sentencing was however set aside after the court was satisfied that he had regretted and was genuinely remorseful of his actions in the court.