Kenya at crossroads over human rights abuses – CJ Koome
Kenya at crossroads over human rights abuses – CJ Koome
NAIROBI. December 10, 2024. Kenya is still grappling with human rights abuses despite progressive and transformative jurisprudence from the High Court and superior courts.
Speaking during the opening ceremony of the High Court Human Rights Summit in Nairobi, Chief Justice Martha Koome said the country is grappling with extrajudicial killings, abductions, increase in femicide and gender-based violence as well as suppression of peaceful assemblies, unaccountable use of power, poverty and socio-economic inequalities.
“Some of these challenges are rooted in structural inequalities, governance problems, and changing societal and global situations. Addressing these challenges remains crucial to enjoyment of human rights and fundamental freedoms by millions of Kenyans,” said CJ Koome.
She commended the High Court for firmly establishing itself as the custodian of the Bill of Rights, interpreting and applying the Constitution “in ways that ensure its transformative promises are realized for all.” Justice Koome acknowledged that the Bill of Rights in the 2010 Constitution is not merely an aspirational declaration but an integral part of Kenya’s democratic state and a framework for social, economic, and cultural policies.
“By embedding the Bill of Rights as a cornerstone of governance, the Constitution ensures that the principles of justice, equality, and human dignity influence every decision made by public institutions and every interaction between individuals,” added CJ Koome.
The Chief Justice said the law fosters equitable access to healthcare, education, and housing, safeguarding freedom of expression and the right to protest adding that the Bill of Rights serves as the moral and legal compass that keeps Kenya’s democratic state on course with its presence compelling state actors to prioritize the welfare of citizens and private actors to engage in fair and respectful social interactions.
She observed that some of the High Court’s significant achievements were its defense of the right to peaceful assembly and protests by charting a delicate balance between law enforcement and the constitutional right to peaceful protests. “The Court’s decisions during the mass protests witnessed in the country in July and August of this year are a case in point. By holding law enforcement accountable and upholding citizens’ rights, the High Court showcased a judicial system that is not only robust but also conscious of its role as a defender of democracy and fundamental freedoms,” CJ Koome affirmed.
She also cited the High Court’s proactive application of the right to habeas corpus in cases involving enforced disappearances and extrajudicial actions saying that the High Court has also made significant strides in ensuring the right to adequate housing is not violated. She added that in landmark judgments, the High Court has emphasized that evictions, when inevitable, must be carried out with dignity and respect for human rights.
The CJ noted that the court had also developed trailblazing jurisprudence on the rights of intersex persons and other vulnerable groups. She however revealed that while technological advancements have created and opened new opportunities for people to interact, share resources, and shape societies for better, it has had its downside when it comes to promotion and protection of human rights in Kenya. “Technology in Kenya has provided a platform for human rights violations and abuses through cyberbullying, digital surveillance, online discrimination, and technology-based gender-based violence,” said the Chief Justice.
The CJ expressed concern over the misuse of court processes, such as fraudulent garnishee proceedings, to defraud innocent Kenyans. “Unscrupulous individuals, often in collusion with bank officials, exploit court orders to siphon funds from unsuspecting account holders,” explained the Chief Justice.
She urged the High Court to remain vigilant and to set clear precedents to deter such malpractices adding that through the Office of the Judiciary Ombudsman, the Judiciary is working closely with law enforcement to investigate and address these abuses.
The forum whose theme is “Upholding Human Rights in a Changing Kenya” was also addressed by Ministry of Interior and National Administration PS Dr. Raymond Omollo, High Court Principal Judge Eric Ogola, Chief Registrar of the Judiciary Hon Winfridah Mokaya, LSK President Faith Odhiambo, among others.
