Court rules former police boss Japhet Koome liable for violence against medics

The High Court has ruled that former Inspector General of Police Japhet Koome is personally liable for violence against striking medics in April 2024.

Koome was found accountable for issuing unconstitutional orders to police officers under his command to use unlawful force against peaceful protesters, violating Articles 36, 37 and 41 of the Constitution, which guarantee the right to peaceful assembly, protest and picketing.

Civil society organisations, including Katiba Institute, filed a judicial review application challenging Koome’s directive to police to respond decisively to the strike by the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU).

The protest was part of ongoing efforts by the union to address grievances over working conditions.

“The High Court allowed our Judicial Review application, holding Japhet Koome personally responsible for his unconstitutional statement on April 14, 2024, directing police to deal with striking and picketing doctors firmly and decisively. This was an abuse of power,” said Katiba Institute in a statement.

Koome was also found liable for failing to investigate or discipline officers who used excessive force against unarmed demonstrators.

The court ruled that he abdicated effective control over his officers, allowing the use of unlawful force during the peaceful protest.

 At the same time, the High Court stated that Koome could face criminal charges for the actions of his officers if they met the legal criteria for offences defined under the law.

 The ruling specifically held Koome personally responsible for the assault on KMPDU Secretary General Dr Davji Atela and others during the protest.

Dr Attellah was hit by a teargas canister as doctors demonstrated outside the Ministry of Health offices at Afya House to protest the delayed hiring of medical interns.