NAIROBI, Kenya – Chief Justice Martha Koome, in her capacity as Chairperson of the National Council on the Administration of Justice (NCAJ), has issued a comprehensive communiqué calling for national unity, respect for human rights, and adherence to the rule of law following recent protests that have resulted in loss of life and property destruction.
The statement, titled “A Call for the Rule of Law, Peace, Unity, and Respect for Human Rights,” addresses what the NCAJ describes as “a moment of national concern” following demonstrations that have tested Kenya’s commitment to constitutional governance and national cohesion.
Condolences and Support for Affected Families
The Council extended its “deepest condolences to families that have lost their lives” and called on the government to fast-track support measures for those adversely affected by the protests. The statement acknowledges that the recent unrest has resulted in violations of rights and destruction of property.
Constitutional Rights and Responsibilities
Reaffirming Kenya’s constitutional framework, the NCAJ emphasized that the Constitution “remains our shared compass, guaranteeing every individual the right to peaceful assembly and protest while entrusting each of us with the responsibility to protect peace, order and dignity for all.”
The Council specifically addressed youth concerns, noting that “recent expressions by our youth speak to deep-seated governance concerns around service delivery, accountability, employment and inclusion.” The statement stressed that these voices “must be heard, understood, and addressed through constructive and lawful means.”
Justice Sector Response and Reforms
The communiqué outlined several key directives for justice sector institutions:
Police Conduct and Human Rights: The Council called on the National Police Service to maintain law and order with “professionalism, proportionality, and respect for human rights,” ensuring all security operations comply with constitutional safeguards.
Protection of Vulnerable Groups: Special attention was directed toward ensuring “safety and dignity for women, children, and other vulnerable groups during periods of unrest,” with immediate steps required to address cases of sexual violence that increased during protests.
Judicial Independence: The statement emphasized that courts should exercise discretion in bail and bond decisions “with fairness, proportionality and balance, ensuring justice for all persons.”
Inter-Agency Cooperation and Accountability
The NCAJ called for enhanced cooperation between the judiciary, the Office of the Director of Public Prosecutions, the National Police Service, the Independent Policing Oversight Authority (IPOA), civil society organizations, and other oversight bodies to ensure effective and accountable law enforcement.
The Council also announced support for accelerated reforms to build public confidence in policing and called for the activation of the Victim Compensation Fund to enable courts to grant compensation to victims of violence and wrongful arrests.
Addressing Criminal Elements and Political Rhetoric
The statement expressed grave concern about organized criminal gangs at the local level, calling on police to dismantle these “infrastructures of violence through intelligence-led operations and community-based interventions.”
Additionally, the Council warned against “inflammatory political rhetoric that undermines the rule of law and risks inciting divisions along ethnic lines,” urging all political actors to exercise restraint, citing Kenya’s history of political radicalization consequences.
Call for National Unity
In its concluding remarks, the NCAJ emphasized that preserving peace and advancing justice is not solely the responsibility of institutions but “a shared national responsibility.” The Council called on all Kenyans “across all walks of life, to reject violence and work together in pursuit of a more just and peaceful society.”
The communiqué also stressed the imperative to “move beyond tribal alliances and towards a cohesive national identity, calling for a fresh vision of nationhood rooted in justice, unity and shared responsibility.”
Constitutional Commissions and Governance
The statement reaffirmed support for the independence of Constitutional Commissions and Independent Offices, calling on governors and county leadership to champion peace while strengthening partnerships through Court Users Committees and community policing approaches.
The comprehensive statement represents a unified response from Kenya’s justice sector leadership to address immediate security concerns while laying groundwork for long-term governance reforms and national healing.
The communiqué was signed by Hon. Justice Martha K. Koome, EGH, Chief Justice of the Republic of Kenya and Chairperson of the NCAJ.
Written by Were Kelly
