Editor's Review

"The events of the past weeks have tested the conscience of our nation."

The Judiciary has broken its silence over the recent wave of protests across the country, raising concern over escalating incidents of police brutality and the infiltration of peaceful demonstrations by hired goons.

In a statement on Wednesday, June 18, Judiciary Spokesperson Paul Ndemo conveyed the institution’s condolences to the family of Albert Ojwang who died in police custody, and wished a quick recovery to all those injured.

"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. We also wish a quick and full recovery to those who have been injured during recent protests,” the statement read.

The Judiciary expressed deep concern over the growing use of force by police and the disruption of peaceful protests by violent goons.

"The Judiciary expresses its concern over rising incidents of unjustified police brutality and the growing trend of peaceful protests being infiltrated by goons who disrupt peaceful assemblies, and endanger the lives of protestors.

"The National Police Service bears a constitutional and legal duty to identify, apprehend, and prosecute such individuals, as well as those who sponsor or orchestrate these acts of violence," the statement continued.

File image of hired goons in Nairobi CBD

With several related matters already before the courts, the Judiciary reiterated its commitment to ensuring justice is served independently and without delay.

"The courts remain committed to their constitutional mandate to uphold justice including in cases relating to police brutality and other forms of misconduct.

"We are committed to ensuring that these matters are processed through the justice system in a timely, impartial, and independent manner through processes anchored in the rule of law," the statement affirmed.

The Judiciary also took the opportunity to clarify why judges and senior judicial officers often remain silent on public controversies that are likely to end up in court.

"It is important for the nation to appreciate that world-over, Judges and even Chief Justices, are constrained not to comment on matters that are likely to become subject of court processes.

"This is to protect the impartiality and independence of judicial processes. Indeed, this is one of the reasons that informed the establishment of the Office of the Spokesperson for the Judiciary," the statement concluded.

At the same time, the British High Commission in Nairobi has raised concerns over the increased cases of police brutality in Kenya.

In a statement, the British High Commission said it was disturbed by the violence by police officers on unarmed civilians and protestors.

The Embassy noted that police officers have the responsibility to earn and maintain the trust of the public they are meant to serve and protect.

“Police forces must command the trust and confidence of those they are duty-bound to serve and protect. We are deeply disturbed by violence against unarmed civilians & protestors yesterday,” read part of the statement.