In a recent ruling, the High Court has dismissed a case brought forward by the Law Society of Kenya (LSK), which sought to compel the police to either produce suspects before the court within 24 hours or grant them bail if arrested on weekends or holidays. The case emerged from the controversial practice known as “kamata kamata” Fridays, a term that gained notoriety during the tenure of President Uhuru Kenyatta.
The LSK initiated legal action in response to what it described as politically motivated arrests. The practice involved detaining individuals on Fridays, thereby ensuring they remained in police custody over the weekend, unable to be presented before a court until the following Monday. The LSK argued that this practice was a deliberate tactic to settle political scores, causing undue hardship to the detainees.
In their suit, the LSK accused the Inspector General of Police and the Chief Justice of abusing their power by allowing suspects to be held beyond the legally mandated 24-hour period without being presented in court. This, the society contended, was a clear violation of legal and constitutional rights.
Justice Lawrence Mugambi, presiding over the case, dismissed the allegations, citing insufficient evidence. “The petitioner cannot expect the court to act on assumptions regarding allegations of abuse of power; claims were made without matching them with the requisite proof,” stated Justice Mugambi. He emphasized the need for concrete evidence to substantiate claims of misuse of power by the police and judiciary.
Another significant point of contention was the police practice of parading suspects’ names and photos in the media before and after arrests. The LSK argued that this amounted to a form of public lynching, violating the principle of fair trial, as individuals were condemned in the court of public opinion before having their day in court. However, Justice Mugambi dismissed this argument as well, asserting that judges and magistrates are competent and impartial, and not swayed by media reports or social media posts.
Justice Mugambi’s ruling stands in contrast to a previous judgment by Justice George Odunga, who is now a Court of Appeal Judge. Justice Odunga had previously ruled that the state’s practice of Friday arrests and seeking to detain suspects over the weekend to complete investigations was unconstitutional and illegal. This divergence highlights the ongoing debate within the judiciary regarding the balance between law enforcement practices and constitutional rights.
The dismissal of the case by Justice Mugambi underscores the challenges faced by advocacy groups in proving systemic abuse of power within legal frameworks. It also reflects the judiciary’s demand for substantial evidence when considering allegations against state institutions. The ruling is a setback for the LSK’s efforts to reform police practices and protect suspects’ rights, especially concerning weekend and holiday arrests.
As this legal debate continues, the focus remains on ensuring that law enforcement practices align with constitutional guarantees and that any allegations of abuse are backed by solid evidence. The ruling serves as a reminder of the complexities involved in balancing efficient law enforcement with the protection of individual rights in Kenya’s judicial landscape.
