Justice Jairus Ngaah has ruled that an Inspector General of Police can be criminally held liable for unlawful actions committed by junior officers under their command.
In a ruling dated December 31, 2024, the judge noted that former IG Japhet Koome could be criminally held liable after officers under his command disrupted demonstrations by medics in April 2024.
In particular, the judge indicated that an IG would be liable if he/she commanded officers to use excessive force to disperse peaceful and unarmed strikes, assemblies, protests, and pickets.
An IG can also be criminally held liable if he /she fails to investigate incidents when officers use excessive force to disperse peaceful protesters.
Read More
Court Update: Judgment
— Katiba Institute (@katibainstitute) January 8, 2025
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. This is… https://t.co/xPCa8RBVO2
"A declaration is hereby made that, under articles 238,239(3) and 245(2)(b); and, sections 8,8A and 10(4) of the National Police Service Act, cap. 84, the Inspector General of the National Police Service, is accountable and personally liable for the acts or omissions of officers under his command infringing on the rights of the individual under articles 36, 37 and 41 of the Constitution," read the ruling in part.
Additionally, the judge directed Koome to bear the legal fees for the suit filed by the Kenya Human Rights Commission, Katiba Institute, Kenya Section of the International Commission of Jurists (ICJ Kenya) and Transparency International Kenya (TI).
The Institute For Social Accountability (TISA), the Africa Center for Open Governance, Siasa Place, Tribeless Youth and the Muslims for Human Rights (MUHURI) were the applicants in the suit.
"The applicants will have the costs of the suit which shall be paid by the respondent, personally, from his own sources," added the judge in the ruling.
