Chief Justice Martha Koome has raised concerns about the growing number of human rights violations in Kenya, despite the country’s progressive legal frameworks and transformative constitutional jurisprudence.
Speaking at the High Court Human Rights Summit in Nairobi on Tuesday,December 10, 2024, Koome pointed out alarming issues such as extrajudicial killings, abductions, femicide, gender-based violence, and the suppression of peaceful assemblies.
In her address, CJ Koome stressed that while Kenya has made significant strides in upholding human rights through judicial actions, challenges rooted in structural inequalities and governance failures persist, undermining the fundamental freedoms of millions of citizens.
“Some of these challenges are deeply rooted in structural inequalities, governance issues, and evolving societal circumstances. Tackling these concerns is essential for ensuring that millions of Kenyans can enjoy their human rights and fundamental freedoms,” said CJ Koome.
The Chief Justice acknowledged the High Court’s vital role in safeguarding the Bill of Rights, which she described as a cornerstone of Kenya’s democracy.
She underscored the importance of the 2010 Constitution, not just as a legal framework, but as a guiding force for justice, equality, and human dignity.
“The Bill of Rights is not just an aspirational document; it is a vital element of Kenya’s governance that shapes the country’s social, economic, and cultural policies,” CJ Koome affirmed.
CJ Koome highlighted the transformative role the High Court has played in interpreting and applying the Constitution, ensuring that the promises of justice, equality, and dignity are upheld for all Kenyans.
She noted the Court’s significant role in defending the right to peaceful assembly, citing its crucial decisions during the protests in July and August of 2024.
The Court balanced law enforcement and citizens’ constitutional rights, demonstrating the judiciary’s commitment to protecting democratic freedoms.
“By holding law enforcement accountable during mass protests, the High Court affirmed its role as a defender of democracy and fundamental freedoms. It is clear that the judiciary has a key role in preserving the constitutional rights of every Kenyan,” she said.
The Chief Justice also touched on other notable achievements, including the Court’s proactive stance on enforced disappearances and extrajudicial killings, ensuring that the right to habeas corpus is respected.
She commended the High Court for its groundbreaking rulings on the rights of intersex persons and other vulnerable groups, as well as its efforts to prevent violations of the right to adequate housing.
However, CJ Koome acknowledged that technological advances, while offering new opportunities, have also created new avenues for human rights violations. She expressed concern over the rise in cyberbullying, digital surveillance, online discrimination, and technology-based gender violence.
“While technology has the potential to empower people, it also provides a platform for serious human rights abuses,” she remarked.
CJ Koome also warned against the misuse of court processes, such as fraudulent garnishee orders, which are being exploited by unscrupulous individuals in collusion with bank officials.
“There have been instances where fraudulent court processes are used to siphon funds from unsuspecting citizens. This must be stopped,” she stated. The Chief Justice urged the judiciary to set strong precedents to deter such malpractice and ensure that the courts remain impartial and accountable.
The forum, themed “Upholding Human Rights in a Changing Kenya,” was also addressed by various dignitaries, including Dr. Raymond Omollo, the Principal Secretary of the Ministry of Interior and National Administration, High Court Principal Judge Eric Ogola, Chief Registrar of the Judiciary Hon Winfridah Mokaya, and Law Society of Kenya President Faith Odhiambo
The discussions underscored the importance of continued vigilance in defending human rights in Kenya amid evolving societal challenges.
