The Inspector General of Police can be held responsible for the actions of the Officers under his command– High Court of Kenya

The High Court, in a judgment dated 31 December 2024, allowed Katiba Institute’s Judicial Review application to hold Japhet Koome Nchebere personally responsible for his statement on 14 April 2024 directing the police to deal with striking and picketing doctors firmly and decisively. Katiba Institution contended and the Court agreed that the action was unconstitutional and an abuse of power.
The Court also found that the Inspector General of Police can be held criminally responsible for the acts of officers under his command. Further, the Court also found that the IG of Police, Nchebere, violated the Constitution and abdicated his responsibility by failing to take action against the police under him who violently dispersed the protesting doctors. In a precedent-setting finding, the Court held that Nchebere is personally culpable for the officers’ violent disruption of Kenya Medical Practitioners, Pharmacists and Dentists Union members’ peaceful assembly under the doctrine of command responsibility. Further, the Court directed Mr. Koome to bear the costs of the suit personally.
On 16 April 2024, the High Court issued orders restraining the Respondent, Japhet Koome Nchebere, the former Inspector General, or any officer subordinate to him from enforcing the decision to suspend Articles 36, 37, and 41 of the Constitution of Kenya by cancelling, disrupting, or interfering in any way with the medics’ right to strike, assemble, protest, or picket while peaceful and unarmed.
Katiba Institute Executive Director Nora Mbagathi hailed the judgment, noting that it is an essential reminder of the accountability avenues and protection that the Constitution affords us.
“Everyone should be aware that excuses of just following orders or reliance on the perceived protection of a job title will not stand up in the court of law or public opinion,” Nora observed.
Katiba Institute’s Litigation Counsel, Joshua Malidzo Nyawa, described the judgment as an instant Justice. He said that by holding that the former Inspector General of Police, Nchebere, was personally responsible for the actions of the police who violently interfered with the enjoyment of the right to protest, the Court had reminded the state that the state does not grant human rights and any exercise of power by public officers must be accounted for.
“Justice Ngaah’s finding that the Inspector General of Police can be held personally responsible for the actions of the police under him can be described as an instant justice. The Court has finally entrenched accountability in the exercise of police powers.” Malidzo noted.
Please access the judgment here