Azimio Withdraws Four Requests in Protest Deaths Case as Court Refines Issues for Determination
The next phase of the process will begin after the court assesses the filed submissions and the arguments presented.
By Ruth Sang
The Azimio movement withdrew its four requests to the court which investigated deaths that occurred during their demonstration from which police officers were held legally accountable for the deaths. The Azimio la Umoja One Kenya Coalition Party has pulled back several of the requests it had made in a High Court case seeking to hold top police commanders individually accountable for deaths linked to anti-government demonstrations staged between March and June 2023.
The court session lawyers told the judge about their agreement which permitted them to exclude four specific requests from the petition. The withdrawal formally reduces the number of issues the court must determine.
The court will now focus on essential constitutional matters present in the petition because the case scope has become restricted through the elimination of four requests. Central among these is the legal principle known as the doctrine of command responsibility.
In court Azimio legal representatives stated that they would withdraw requests e g f and h because their issues had already received resolution. The coalition plans to continue its constitutional interpretation work on command responsibility.
The doctrine of command responsibility establishes that senior officers bear legal responsibility for any unlawful acts their subordinates commit if the commanders knew about the acts or failed to stop them. The police commanders should be held responsible for the actions of their officers according to this legal doctrine which serves as the foundation of Azimio’s case.
The court required all parties to submit their documents within 21 days after the consent for the withdrawn petitions had been registered. The court will establish a date after document completion to present the documents before it provides additional guidance.
The coalition filed the case to challenge how security agencies handled the protests. The defendant parties in the case include the Inspector General of Police the National Police Service and the Attorney General.
Azimio claims through court documents that police actions during the demonstrations resulted in over 70 fatalities while the organization holds proof of at least 75 deaths. The coalition seeks judicial findings which will assign responsibility to the Inspector General and senior officers because leaders must account for their officers’ actions.
The petition originally included multiple requests which comprised both temporary and declaratory orders. After party consultations Azimio agreed to drop four requests which would allow the court to handle core constitutional matters while making the case easier to process.
The remaining prayers will move the matter forward because they now contain revised elements. The next phase of the process will begin after the court assesses the filed submissions and the arguments presented.
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