NAIROBI -Hon Justice Martha Koome , the Chief Justice of the Republic of Kenya at the same time the Chairperson of National Council of Administration of Justice (NACJ) has called upon all security agencies in Kenya to observe and respect human rights through out their operations especially during the ongoing demonstrations.
In an official statement released by her office on Tuesday regarding the allegations of abduction of protesters as being reported, Koome noted that abduction conducted by unidentified persons without producing them before courts of law is a direct assault, attack to human rights and constitutionalism enshrined in Article 10 of Kenya’s Constitution.
“Our Transformative Constitution mandates that law enforcement operates strictly within the confines of the Bill of Rights and the law. Article 49 specifies the rights of arrested persons, including the right to be informed of the reason for the arrest, to communicate with an advocate and others whose assistance is necessary, and to be presented before a court as soon as reasonably possible-but no later than twenty-four hours after the arrest.” Reads part of the statement
She therefore warned that any deviation from the stipulations of the Bill of Rights and the law not only invites anarchy and lawlessness to Kenya , but also constitutes a severe assault on the value-order of governance stipulated in the Constitution.
“I therefore urge all agencies in the justice sector to process any criminal actions lawfully and to investigate and address the allegations regarding abductions related to the ongoing protests with utmost urgency.”
She has further assured the public that, courts are prepared to operate beyond standard working hours if the abducted persons are presented before them and also to consider any petitions for habeas corpus.
That this commitment is to ensure that
our nation continues on the path of the rule of law and constitutionalism and to guarantee that all state and non-state actors operate within the strict boundaries erected by our Bill of Rights.
Kenyans on Tuesday last week resorted to country wide demonstrations protesting against government’s controversial tax reforms which they contend that they are so unfair to them.
Police is still battling with these protesters in various cities and towns of Kenya.
