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Judiciary Defends Mandate Amid Criticism Over Security Agency Impunity

Judiciary Spokesperson Paul Ndemo addressed the Law Society of Kenya’s planned nationwide court boycott, affirming that all courts will remain open and continue hearing cases on July 22, 2026.

The Judiciary defended its handling of cases involving abductions and alleged human rights violations on November 6, 2026, stating that it cannot be held responsible for failures by investigative, prosecutorial and law enforcement agencies.

In an official statement, the institution responded to local media reporting that questioned its response to security agency impunity. The Judiciary stated that while it welcomed scrutiny of its work, media organisations have a responsibility to ensure accuracy and understand the distinct mandates of State institutions.

The Judiciary recognises and respects the constitutional role of the media in promoting transparency, accountability and public discourse. We welcome constructive scrutiny of judicial institutions.

Paul Ndemo, Judiciary Spokesperson

Instead of conducting investigations, arresting suspects, or carrying out security operations, the Judiciary emphasized that courts exist to resolve disputes and enforce institutional accountability under the law. According to Ndemo, the courts’ responsibility remains adjudicating disputes and holding institutions accountable based on evidence.

Judiciary defends its handling of abduction cases amid criticism
Photo: The Star, Kenya

The Judiciary’s role is to adjudicate disputes, determine rights and hold persons and institutions accountable in accordance with the Constitution, the law and the evidence presented before it,

Paul Ndemo, Judiciary Spokesperson

While condemning abductions and enforced disappearances, the Judiciary highlighted habeas corpus proceedings as a primary judicial remedy used to safeguard fundamental rights. The institution stressed that compliance with judicial orders rests entirely with the authorities directed to execute them. Ndemo pointed out that all individuals and entities, including government and security bodies, must obey any court directives resulting from such legal actions.

The Judiciary unequivocally condemns abductions, enforced disappearances and other unlawful violations of constitutional rights. Courts have consistently exercised their constitutional mandate to safeguard fundamental rights, including through habeas corpus proceedings and other appropriate judicial remedies.

Paul Ndemo, Judiciary Spokesperson

Ndemo cautioned that attributing institutional failures of security agencies to the courts misrepresents constitutional architecture.

Attributing failures of other institutions to the Judiciary misrepresents our constitutional architecture and risks misleading the public about where accountability properly lies,

Paul Ndemo, Judiciary Spokesperson

Law Society of Kenya President Charles Kanjama criticized the Judiciary’s response, demanding stronger judicial orders against impunity, torture and extrajudicial executions. Kanjama asserted that senior State officials must be held accountable and called for firm judicial action against individuals involved in abductions, torture and alleged extrajudicial executions.

Judiciary hits back amid criticism over abductions and enforced disappearances
Photo: Citizen Digital

You’ll see how fast we streamline Government to eradicate criminal elements within the State, starting with abduction, torture and execution squads operating with absolute impunity and lawlessness while embedded within certain security agencies in Kenya,

Charles Kanjama, Law Society of Kenya President

The LSK reported at least 22 abductions across Kenya in 2026, linking the growing wave of disappearances to security force impunity. Protests escalated following the November 1 abduction of Nairobi lawyer Abshir Ahmedsadak Abdi, alongside concerns regarding the disappearance of Standard Group Associate Editor Alex Kiprotich.

Headed by Kanjama, Kenyan attorneys took to the streets of Nairobi in protest, walking from the Milimani Law Courts toward the police headquarters to seek clarification regarding Abdi’s status and location.