By Grace Gilo
Chief Justice Martha Koome has expressed concerns over the numerous allegations surrounding the abductions of protesters amid the ongoing mass protests in the country.
The CJ highlighted that such actions, executed by unidentified individuals without presenting the abducted individuals before a court of law, directly undermine the rule of law, human rights, and constitutionalism, which are the guiding national values and principles of governance as stated in Article 10 of the Constitution.
Furthermore, she emphasized that the Transformative Constitution mandates that law enforcement operates strictly within the confines of the Bill of Rights and the law.
“Article 49 specifies the rights of arrested persons, including the right to be informed of the reason for the arrest, to communicate with an advocate and others whose assistance is necessary, and to be presented before a court as soon as reasonably possible but no later than twenty-four hours after the arrest. Furthermore, Article 51 addresses the rights of persons detained or held in custody, including their entitlement to petition for an order of habeas corpus,” she added.
The President of the Supreme Court called upon all state agencies within the justice sector to uphold their constitutional duties and ensure that their actions are compliant with both the Constitution and the law.
CJ Koome reiterated that any deviation from the stipulations of the Bill of Rights and the law not only invites anarchy and lawlessness in the country but also undermines the value order of governance stipulated in Article 10 of the Constitution.
The CJ highlighted that Agencies within the justice sector, working under the auspices of the National Council on the Administration of Justice (NCAJ), have previously committed to transforming the judiciary into a human rights-based criminal justice system that adheres to the Constitution, particularly the Bill of Rights, and the law.
She therefore urged all agencies in the justice sector to process any criminal actions lawfully and to investigate and address the allegations regarding abductions related to the ongoing protests with utmost urgency.
The Supreme Court president assured the nation that the courts are prepared to operate beyond standard working hours if the abducted persons are presented before the court and also to consider any petitions for habeas corpus.
“This commitment is to ensure that our nation continues on the path of the rule of law and constitutionalism and to guarantee that all state and non-state actors operate within the strict boundaries erected by our Bill of Rights,” CJ Koome assured.