Chief Justice Martha Koome has distanced herself from the Office of the Director of Public Prosecutions (ODPP) following its use of her past remarks to justify terrorism charges against anti-government protesters.
In a statement issued on Wednesday, CJ Koome clarified that her comments made after visiting the burned Kikuyu Law Courts on June 26 were specific to that incident and not intended to support broader terrorism charges tied to the June and July demonstrations.
The ODPP had on Monday referenced Koome’s statement describing the Kikuyu court attack as “an act of terrorism” and cited the Prevention of Terrorism Act to argue that the threshold for terrorism charges had been met. These charges have sparked public outcry, with many Kenyans viewing them as excessive and aimed at silencing dissent.
However, Koome emphasized that her remarks were based on preliminary security briefings and addressed only the targeted destruction of the Kikuyu court and adjacent government offices.
“I stated that the destruction was not carried out by local residents or peaceful protestors. Instead, the attackers were individuals brought in from outside Kikuyu, with the specific intention of destroying the court and adjacent public property,” she said.
Koome firmly stated that her remarks were never intended to be applied to any other protests or individuals and should not be interpreted as a basis for legal action against peaceful demonstrators.
She also reiterated the constitutional independence of investigative and prosecutorial bodies, saying decisions to charge individuals must rest on solid evidence—not public commentary, even from the Chief Justice herself.
“The Judiciary remains committed to upholding constitutional rights, fairness, and due process,” Koome added. “Everyone brought before the courts, regardless of the charge, will be treated fairly and given a full and fair hearing as required by the Constitution and the law.”
Her remarks come amid growing concern over the government’s handling of youth-led protests, with civil society groups calling for restraint and adherence to legal standards. The clarification by Koome signals a reaffirmation of judicial neutrality amid heightened political tension.
