Chief Justice Martha Koome has responded to the statement by the Office of the Director of Public Prosecutions (ODPP) surrounding her earlier remarks where she labelled the destruction of the Kikuyu Law Court and nearby government offices on June 25,2025, as an act of terrorism.
On Monday, the ODPP cited CJ Koome’s characterization of the Kikuyu Law Courts arson attack as an act of terrorism to justify the terror charges against the protesters.
In a statement released on Wednesday, CJ Koome reiterated that her comments were based on preliminary security briefings and were specific to that incident alone.
Koome, who visited the scene on June 26, 2025, and issued a public statement the same day, maintained that the attack appeared to be orchestrated by individuals brought in from outside Kikuyu.
She emphasised that her remarks were not directed at peaceful protestors or local residents, but rather reflected early intelligence suggesting an organised and deliberate attempt to target public infrastructure.
The Chief Justice also refuted claims that her comments may have influenced the controversial decision by ODPP to charge several anti-government protesters with terrorism.
“It is important to emphasise that the Office of the Director of Public Prosecutions is fully independent, as guaranteed by Article 157(10) of the Constitution. This means that the DPP cannot be directed or influenced by any person or authority. This independence is further protected by internal guidelines, such as the Decision to Charge Guidelines,” the statement read in part.
“Likewise, the National Police Service operates independently under the command of the Inspector General, as set out in Article 245(2)(b) of the Constitution, particularly in matters involving investigations.”
“Therefore, all decisions to investigate or prosecute must be based on credible evidence and the law. They are not influenced by public statements made by any individual, including the Chief Justice.”
Speaking about the recent National Council on the Administration of Justice (NCAJ) meeting held on July 15, 2025, the Chief Justice outlined key resolutions adopted by justice sector stakeholders.
These included a collective pledge to uphold the Constitution, protect vulnerable populations, reinforce public trust in the justice system, and safeguard civic space.
“The Council affirmed that human rights defenders and organisations must not be criminalised or intimidated for their work,” Koome said, pointing to the NCAJ communiqué available online.”
Koome assured Kenyans that the Judiciary remains fully committed to delivering justice impartially and in line with the law.
“Everyone brought before the courts, regardless of the charge, will be treated fairly and given a full and fair hearing as required by the Constitution.”
