The High Court has dismissed a case challenging the practice of making arrests on Fridays, known as “Kamata Kamata Friday.” Judge Lawrence Mugambi ruled that the petition lacked merit, noting that the petitioners failed to substantiate their allegations. “It is badly pleaded. It makes broad allegations that the Petitioner could not substantiate. It was not proved at all,” the judgment stated.
The Law Society of Kenya (LSK) had filed the case to challenge police actions and sought orders compelling the police and the Director of Public Prosecutions (DPP) to establish and operationalize special plea courts to function on Saturdays, Sundays, and public holidays for arrests made outside regular court hours.
However, the court highlighted that the motive behind initiating criminal proceedings is only relevant if the primary purpose is to pursue an ulterior motive. As long as the prosecution and those responsible for making charging decisions act reasonably, the High Court would be hesitant to intervene.
“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,” court noted.
