Nairobi, Kenya – The Azimio la Umoja One Kenya Coalition Party has withdrawn several prayers in its High Court petition seeking to hold senior police commanders personally accountable for deaths reported during anti-government protests between March and June 2023.
The parties appeared before the court and recorded a consent in which four prayers were formally withdrawn, narrowing the scope of the dispute and allowing the court to concentrate on the constitutional questions at the heart of the case.
Focus on Command Responsibility
Azimio told the court:
“We are withdrawing prayers e, g, f and h in the petition because the issues have been resolved. We, however, would like to proceed with the constitution regarding the doctrine of command responsibilities.”
The doctrine of command responsibility assigns liability to senior officers for unlawful acts committed by officers under their command, particularly where there is knowledge of the acts or a failure to prevent them.
Azimio has anchored its case on this principle, urging the court to find that commanders in charge of police units or formations can be held accountable for the actions of officers under their command.
Court Directions
Following the withdrawal, the court directed all parties to file and exchange written submissions within 21 days, after which a date will be set for highlighting the submissions.
Petition Background
Azimio filed the petition over the conduct of security agencies during the demonstrations, suing the Inspector General of Police, the National Police Service, and the Attorney General.
In its pleadings, the coalition claims that more than 70 people were killed during the protests as a result of police action, documenting at least 75 deaths. It wants the court to make findings against the Inspector General and senior commanders, arguing they bear responsibility for the conduct of their officers.
The petition initially sought multiple prayers, including interim and declaratory orders. However, after engagements between the parties, the petitioners agreed to withdraw four prayers by consent to streamline the proceedings and leave the court to determine the remaining constitutional and accountability questions.
Conclusion
The case will now proceed on the basis of the surviving prayers once submissions are filed and considered. By narrowing its petition, Azimio has sharpened the focus on the doctrine of command responsibility, a principle that could set a significant precedent for accountability in Kenya’s security agencies.
