Chief Justice Martha Koome has issued a public clarification regarding her remarks made during a visit to the Kikuyu Law Courts in the aftermath of its destruction, emphasizing that her comments were based on immediate security briefings and were not directed at peaceful protestors or ongoing legal proceedings under the Prevention of Terrorism Act.
The clarification, dated 23rd July 2025, follows growing public debate and a statement by the Office of the Director of Public Prosecutions (ODPP) referencing her initial comments. During her visit to the scorched Kikuyu Law Courts on 26th June, Koome had remarked that the destruction was orchestrated by individuals ferried in from outside Kikuyu, with the intent to cause targeted damage.
“These remarks were specific to that incident and not meant to apply to any other protests, events, individuals, or locations,” the CJ clarified.
Responding to concerns that her earlier statement may have influenced ongoing terrorism-related prosecutions, Koome reiterated the independence of the ODPP and the National Police Service. “All decisions to investigate or prosecute must be based on credible evidence and the law. They are not influenced by public statements made by any individual, including the Chief Justice,” she said, citing Article 157(10) of the Constitution.
Koome also highlighted key resolutions from a recent National Council on the Administration of Justice (NCAJ) meeting held on 15th July. Among the principles reaffirmed were the protection of human dignity, safeguarding civic space, and ensuring justice institutions serve all Kenyans without fear or favour.
“The Council affirms that human rights defenders and organisations must not be criminalised, harassed, or intimidated for their work. A safe civic space is essential to constitutional democracy,” Koome said, pointing to the NCAJ communiqué released after the meeting.
Reassuring the public, the Chief Justice affirmed that the Judiciary remains committed to the rule of law and constitutional fairness. “Everyone brought before the courts, regardless of the charge, will be treated fairly and given a full and fair hearing.”
