Azimio Withdraws Four demands in Protest Deaths Case as Court Focuses on Command Responsibility

By : Mweru Mbugua 

The Azimio la Umoja One Kenya Coalition Party has withdrawn four prayers in a High Court petition seeking to hold senior police commanders personally liable for deaths reported during anti-government protests held between March and June 2023

The decision was recorded by consent after parties appeared before the court, effectively narrowing the scope of the case and allowing judges to focus on key constitutional issues—most notably the doctrine of command responsibility

“We are withdrawing prayers e, g, f and h in the petition because the issues have been resolved,” Azimio told the court. “However, we would like to proceed with the constitutional question regarding the doctrine of command responsibility”

The doctrine provides that senior officers may be held liable for unlawful acts committed by officers under their command if they knew of the acts or failed 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 bear responsibility for the conduct of officers operating under their authority

Following the withdrawal of the four prayers, the court directed all parties to file and exchange written submissions within 21 days. A date for highlighting the submissions will be set thereafter

The coalition filed the petition over the conduct of security agencies during the 2023 demonstrations, naming the Inspector General of Police, the National Police Service and the Attorney General as respondents

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In its pleadings, Azimio claims more than 70 people were killed as a result of police action during the protests, saying it documented at least 75 deaths. The coalition is seeking findings against the Inspector General and senior commanders, arguing they bear responsibility for the actions of officers under their command

While the petition initially sought multiple interim and declaratory orders, engagements between the parties led to the withdrawal of four prayers by consent, streamlining the proceedings. The case will now proceed on the basis of the remaining constitutional and accountability questions once submissions are considered by the court