Joshua Okayo praises Martha Koome for clarifying terrorism-related charges
Kenya School of Law President Joshua Okayo has commended Chief Justice Martha Koome for her recent clarification on terrorism-related charges, describing her intervention as timely and necessary.
In a statement posted on his X handle on Saturday, July 26, 2025, he noted that the statement from the Judiciary came at a critical moment when public emotions were high and misinformation was rife, particularly from political quarters.
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“On this, I give it to the CJ Martha Koome for making this clarification. This was indeed a much-needed statement in the face of misinformation and disinformation, especially from the KK politicians,” Okayo stated.
Okayo observed that the judiciary’s clarification demonstrated a commitment to independence and impartiality at a time when many institutions appear to be influenced by political interests.
He emphasised that the statement helped restore public confidence by ensuring that due process is respected and that justice is not prejudged before proper procedures are followed.
“Times like this, when emotions are high up and every statement is believed to be politically instigated, I can’t imagine what it takes for an independent institution like the Judiciary, which is expected to be nonpartisan, to make a statement which, in the eyes of the public, does not side with the political class/police and, in the eyes of justice, does not pronounce itself prejudicially before due process is followed,” he added.
He further expressed concern about the state of governance in the country, pointing out that the executive has increasingly become self-serving, while the legislature has largely been reduced to a tool of the executive.
According to Okayo, the judiciary now remains the only arm of government consistently upholding democratic values and protecting the constitution, despite attempts by the political class to interfere with its work.
Okayo concluded by noting that history would remember judicial officers who stood firm in defending the constitution, even in the face of intimidation and pressure from powerful political interests.
Koome’s remarks
On July 24, 2024, Chief Justice Martha Koome issued a statement in Nairobi clarifying her remarks regarding the June 25, 2024, arson attack on the Kikuyu Law Courts, which she had initially described as an ‘act of terrorism’ during a site visit on June 26, 2024.
She emphasised that her comments were specific to that incident and based on preliminary security briefings, indicating that the attack was carried out by individuals brought in from outside Kikuyu with the intent to destroy public property and not by local residents or peaceful protesters.
Koome distanced herself from the Office of the Director of Public Prosecutions’ (ODPP) use of her remarks to justify terrorism charges against anti-government protesters from the June 25 and July 2, 2024, demonstrations, which involved vandalism and arson of public institutions.
She stressed that the ODPP, under Article 157(10) of the Kenyan Constitution, is an independent body and that prosecutorial decisions must be grounded in credible evidence and law, not influenced by her statements or public sentiment.
Her clarification followed criticism from the Law Society of Kenya (LSK) and human rights groups, who accused the ODPP of misusing the Prevention of Terrorism Act to suppress dissent in over 100 protest-related terror cases.
Koome reaffirmed the judiciary’s commitment to fair hearings and constitutional justice, noting that all accused individuals are entitled to due process.
