Former Inspector General of Police Japhet Koome finds himself in serious legal trouble following a landmark High Court ruling that held him personally responsible for the violent disruption of a peaceful doctors’ protest during the April 2024 strike by the Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU).
Justice Ngaah Jairus of the Nairobi High Court ruled that Koome’s actions, including directives to his officers, violated constitutional rights and amounted to gross misconduct.
The judge highlighted that Koome erred in his instructions, specifically those issued after publicly condemning the striking doctors and ordering police to deal with them “firmly and decisively.”
In his ruling, Justice Ngaah stated:
“As to whether the respondent can be held criminally responsible for the acts of officers under his command in violently disrupting KMPDU members’ peaceful assembly, demonstration, or picketing — or other forms of expression consistent with their constitutional rights under Articles 36, 37, and 41 — the answer is in the affirmative.”
The court emphasized that the Constitution unequivocally vests command and accountability powers in the office of the Inspector General, making the holder directly liable for orders issued to subordinates. Justice Ngaah noted that Koome could be subject to a criminal trial if his directives led to actions that qualify as offenses under the law.
Lobby Groups Push for Accountability
The case was brought to court by prominent advocacy organizations, including the Katiba Institute, Kenya Section of the International Commission of Jurists (ICJ Kenya), Transparency International Kenya (TI), The Institute for Social Accountability (TISA), and Muslims for Human Rights (MUHURI).
Following the ruling, the Katiba Institute stated:
“The High Court has allowed our judicial review application to hold Japhet Koome personally responsible for his statement on April 14, 2024, directing police to deal with striking doctors ‘firmly and decisively.’”
The decision sets a significant precedent, as it allows individuals to sue the Inspector General of Police for police brutality resulting from orders issued under their command.
A legal expert weighed in on the implications of the ruling:
“This is a win for accountability within the police force. It underscores the principle of command responsibility, holding senior officials accountable for the actions of their subordinates. The law may grind slowly, but it grinds surely.”
Compensation and Apology Ordered
In addition to criminal liability, the court ordered Koome to personally compensate KMPDU Secretary General Dr. Davji Atellah for injuries sustained during the protest. The compensation, classified as general damages, must come from Koome’s own funds. Furthermore, Koome was directed to issue a public apology to Dr. Atellah, which must be published in a national newspaper within 14 days.
A Troubled Legacy
Japhet Koome resigned from office on July 12, 2024, amid widespread criticism of police brutality during his tenure, particularly in relation to anti-government demonstrations in 2023 and 2024.
His successor, Douglas Kanja, has inherited a deeply troubled office and is already embroiled in court cases related to alleged police abductions and contempt of court.
The High Court ruling also referenced an earlier case involving Gilbert Masengeli, who served as acting IG after Koome’s resignation. Masengeli was sentenced to six months in jail for contempt of court after failing to respond to summons regarding the disappearance of two siblings and an activist in Kitengela. Although the sentence was later set aside after Masengeli expressed remorse, the incident underscores the systemic challenges facing Kenya’s police leadership.
The High Court’s decision marks a significant step toward accountability, with far-reaching implications for how command responsibility is enforced within Kenya’s police force.
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