The Judiciary has broken its silence on the circumstances surrounding the death of blogger Albert Ojwang and the police brutality meted out on a section of protesters on Tuesday. 

A statement shared by the Judiciary Spokesperson, Paul Ndemo, the magistracy expressed concern over the skirmishes witnessed on the streets of Nairobi and the circumstances around the passing of Ojwang. 

It lashed out at the National Police Service over their alleged reluctance to rein in the goons captured on the streets wreaking havoc on peaceful demonstrators. 

"The events of the past weeks have tested the conscience of our nation. The Judiciary extends its deepest condolences to the family of Albert Ojwang. We also wish a quick and full recovery to those who have been injured during recent protests," a statement from the Judiciary read in part. 

Chief Justice Martha Koome addressed advocates when they were admitted to the bar on July 1.

Martha Koome

"The Judiciary expresses its concern over rising incidents of unjustified police brutality and the growing trend of peaceful protests being infiltrated by goons who disrupt peaceful assemblies and endanger the lives of protestors. The National Police Service bears a constitutional and legal duty to identify, apprehend, and prosecute such individuals, as well as those who sponsor or orchestrate these acts of violence.'' 

The Judiciary assured Kenyans that it remains steadfast in upholding justice, particularly in matters involving police brutality and misconduct, and pledged to handle such cases with fairness, independence, and per the rule of law.

“As some of these matters are now before the courts, the Judiciary wishes to assure the nation that the courts remain committed to their constitutional mandate to uphold justice… in a timely, impartial, and independent manner,” it added. 

The Judiciary also clarified why top judicial officers, including judges and the Chief Justice, often refrain from commenting directly on sensitive national matters. “This is to protect the impartiality and independence of judicial processes,” it noted, adding that this was the very reason the Office of the Judiciary Spokesperson was created—to engage the public without compromising ongoing legal proceedings.

The developments come at a time when Bonface Mwangi Kariuki is recuperating at the Kenyatta National Hospital after surviving an attempted murder at the hands of two police officers. The officers allegedly harassed and shot him in the head with a shotgun near Cabral Street in Nairobi.

Preliminary reports indicate that the victim was shot using a rubber bullet, causing damage to the upper part of his body, in particular the head.

The two have since been identified as Masinde Baraza and Duncan Kiprono from Kileleshwa Police Station and are currently in police custody at Capitol Hill. 

Their lawyers, led by Felix Kiton, arrived at the Capitol Hill Police Station, where they raised concerns that they had yet to speak to their clients as well as know the next course of action following their apprehension on Tuesday night.

A photo of entrance to the Court of Appeal building.

Photo

The Judiciary of Kenya