Chief Justice Koome Distances Herself from ODPP’s Protest Terrorism Charges
Chief Justice Martha Koome has strongly refuted claims that her public statements influenced the Office of the Director of Public Prosecutions (ODPP) to charge protesters with terrorism.
In a press release issued on Wednesday, CJ Koome clarified that her remarks — specifically referring to the burning of Kikuyu Law Courts — were directed only at that singular incident and not meant to generalize other protests or demonstrators.
“My comments regarding the destruction of Kikuyu Law Courts were a direct response to the incident. They were not meant to define other protests, individuals, or events,” Koome explained.
ODPP Independence Constitutionally Guaranteed
Koome emphasized that the ODPP is a constitutionally independent office, protected under Article 157(10), which prohibits any external influence in the decision to charge individuals.
“The Director of Public Prosecutions cannot be directed or influenced by any person or authority. This independence is also reinforced by internal mechanisms like the Decision to Charge Guidelines,” she said.
Police Investigations Also Independent
In her statement, the Chief Justice noted that the National Police Service (NPS) also operates independently during investigations and that no arm of government, including the Judiciary, can interfere with its decision-making.
“Investigations and prosecution decisions must be anchored in evidence and the law. Public statements, even from my office, do not form a legal basis for charging anyone,” she added.
NCAJ Meeting Reinforces Institutional Accountability
Koome also referenced the recent National Council on the Administration of Justice (NCAJ) meeting, which brought together key justice sector stakeholders. The session resulted in a unified pledge by the Judiciary, ODPP, NPS, Independent Policing Oversight Authority (IPOA), civil society organizations, and others to uphold their constitutional roles without fear or favour.
The resolution focused on promoting effective, accountable, and constitutionally-aligned law enforcement amid ongoing national tension.
ODPP’s Use of Terrorism Charges Draws Scrutiny
The Chief Justice’s clarification comes in the wake of public backlash against the ODPP for invoking the Prevention of Terrorism Act to charge protesters involved in the June 25 and July 7 demonstrations.
The ODPP defended its actions, stating that the acts committed — particularly the arson at Kikuyu Law Courts — were premeditated, designed to instill fear, and aimed at crippling government operations.
In its explanation, the ODPP cited Koome’s visit to the burned-out court premises on June 26, where she condemned the act as a deliberate attempt to terrorize the community. At the time, Koome alleged that the perpetrators were not local residents or peaceful demonstrators, but outsiders brought in to torch the facility.
37 Protesters Charged, More Expected
As a result of the incident, 37 individuals arrested in connection with the Kikuyu Law Courts arson were formally charged with terrorism, sparking concern over the legal framing of protest-related activities.
The move set a legal precedent, opening the possibility for more demonstrators from the anti-government protests to face terrorism charges in future court appearances.
Conclusion
Chief Justice Koome has reiterated her commitment to judicial neutrality and respect for institutional independence. Her clarification comes amid heightened political and public scrutiny of the government’s legal response to national protests.
As the country grapples with the delicate balance between law enforcement and civil liberties, legal institutions are under pressure to maintain transparency, objectivity, and adherence to constitutional values.