The High Court has dismissed a case filed by the Law Society of Kenya seeking to stop arrest of suspects on weekend in what is famously known as “Kamata Kamata” Friday and denying them bail to keep them in custody.
Justice Lawrence Mugambi ruled that the LSK had relied on assumptions as they failed to produce evidence that would move the court to issue the orders sought.
“The petitioner cannot expect the court to act on assumptions regarding allegations of abuse of power. Claims were made without matching them with the requisite proof,” Justice Mugambi ruled.
LSK also sought orders barring the police from parading names and photos of suspects in the media before and after arrest.
They argued that such actions amounted to public lynching and a violation of fair trial as persons arrested were being condemned in public gallery unheard.
However, Justice Mugambi ruled that judges and magistrates are competent enough and cannot be swayed by statements made to the press and/or posted on social media.
It was also the society’s argument that the Inspector General of Police and the Chief Justice abuse their power by allowing suspects to be held by police beyond the 24 hours as stipulated by law.
The same was dismissed as the judge further ruled that no proof had been tendered in the petition
