Court upholds former IG Koome’s liability in police brutality case

Former Inspector General of Police Japhet Koome has suffered a legal setback after the High Court dismissed his attempt to overturn a previous ruling that held him personally responsible for acts of police brutality targeting striking doctors, among them KMPDU Secretary General Davji Atella.

In her decision, Justice Roselyne Aburili affirmed an earlier judgment issued on December 31, 2024, by Justice Jairus Ngaah.

That ruling had found Koome criminally and personally liable, citing the doctrine of command responsibility, for the unlawful conduct of police officers who acted under his authority.

"The application dated January 16, 2025, which sought to nullify the judgment delivered on December 31, 2024, is found to be without merit and is accordingly dismissed," Justice Aburili declared.

In his petition, Koome contended that he was not duly served with court papers and only learned about the judgment through media reports on January 8, 2025.

He argued that the decision was made without giving him a chance to defend himself, despite the ruling having significant financial, emotional, and reputational implications.

He argued that he had stepped down from his position on July 12, 2024, before the court delivered its ruling.

On the other hand, the Katiba Institute, which filed the petition, disputed this assertion.

Through an affidavit sworn by its legal manager, Emily Kinama, the institute maintained that Koome was properly served with the court documents both in person and via email.

Kinama stated that Koome was personally served on April 22, 2024, at his office located on the third floor of Jogoo House, with additional reminders sent on several occasions thereafter.

The court sided with the petitioners, acknowledging the logistical and security difficulties in serving senior police officials.

Justice Aburili observed that it may be unrealistic to expect a process server to locate and serve the Inspector General in person, citing potential safety risks associated with approaching armed officers or police premises.

She refused to overturn the previous decision, noting that Koome still had the option to challenge the ruling through the Court of Appeal.

The matter stemmed from a directive issued by Koome on April 14, 2024, in which he ordered police to handle striking doctors "firmly and decisively."

This command resulted in a series of violent clampdowns on peaceful demonstrations by medical professionals, notably the February 29, 2024, incident where KMPDU officials were assaulted near Afya House.

In his judgment, Justice Ngaah declared Koome’s directive unconstitutional, stating that it infringed on Articles 36, 37, and 41 of the Constitution, which uphold the rights to association, peaceful assembly, and the right to strike.

Justice Ngaah noted that the April 14 directive was issued weeks after police had already forcefully dispersed a lawful KMPDU protest without justification.

The court concluded that Koome could be held both personally and criminally responsible for giving unlawful instructions and for his failure to take disciplinary action against officers who used excessive force.

The court directed Koome to personally compensate several civil society groups among them Katiba Institute, Muhuri, and the International Commission of Jurists (ICJ)

Alongside KMPDU leaders who sustained injuries during the protests.

However, compensation for Dr. Davji Atella was deferred, as the court found the medical evidence provided to be insufficient for determining damages.