‘High Court’s significant achievement is its defense of right to peaceful assembly and protest’ – CJ Koome

Chief Justice Martha Koome has lauded the High Court for what she says is a significant achievement in defending the rights to assemble and protest.

The CJ was speaking during the High Court Annual Human Rights Summit on Tuesday, December 10, 2024.

“One of the High Court’s significant achievements is its defense of the right to peaceful assembly and protest.

“At a time when courts in other jurisdictions may have turned a blind eye or sanctioned heavy-handed approaches, the High Court of Kenya courageously intervened to chart a delicate balance between law enforcement and the constitutional right to peaceful protest,” Koome said in a post on X.

She also said the court has played a critical role in enhancing good governance and democracy.

“The High Court has significantly contributed to the protection of human rights, good governance, and democracy in Kenya. By upholding human rights, addressing socio-economic disparities, and defending democracy, the High Court continues to serve as a pillar of Kenya’s democratic project,” she added.

While acknowledging the achievements he says the High Court has achieved, Koome pointed out challenges that still persist.

“Despite the progressive and transformative human rights jurisprudence from the High Court and superior courts generally, Kenya still grapples with serious human rights challenges.

“I am sure that each one of us has witnessed the significant human rights challenges that our country faces, including extrajudicial killings, abductions, an increase in femicide and gender-based violence, suppression of peaceful assemblies, unaccountable use of power, poverty, and socio-economic inequalities and impunity,” she continued.

Court process

She also warned against abuse of the court process in a manner that will allow activities deemed economic crimes.

“Another emerging area of concern is the misuse of court processes, such as fraudulent garnishee proceedings, to defraud innocent Kenyans. Unscrupulous individuals, often in collusion with bank officials, exploit court orders to siphon funds from unsuspecting account holders.

“Through the Office of the Judiciary Ombudsman, we are working closely with law enforcement to investigate and address these abuses. Even as we work on holding those involved in these criminal acts to account, I urge the High Court to remain vigilant and to set clear precedents to deter such malpractices,” she concluded.