Statement on allegations of abductions of protesters
by admin on | 2024-07-04 10:10:33
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- .I have noted with deep concern the numerous allegations regarding the abductions of protesters amid the ongoing mass protests in our country. Such actions, executed by persons not identifying themselves and without presenting the abducted individuals before a court of law, amount to a direct assault on the rule of law, human rights, and constitutionalism, which are our guiding national values and principles of governance as enshrined in Article 10 of the Constitution.
2. Our 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.
3. Given these constitutional guarantees, I call 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. Any deviation from the stipulations of the Bill of Rights and the law not only invites anarchy and lawlessness in our country but also constitutes a severe assault on the value order of governance stipulated in Article 10 of the Constitution.
4. Agencies within the justice sector, working under the auspices of the National Council on the Administration of Justice (NCAJ), have in the past committed to working towards ensuring that ours becomes a human rights-based criminal justice system that adheres to the Constitution, particularly the Bill of Rights, and the law. I therefore urge 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.
5. I take this opportunity to assure 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.
Hon. Martha Koome, FCIArb., EGH is
the Chief Justice and Chairperson of the
National Council on the Administration of
Justice (NCAJ).
