Chief Justice Martha Koome has called on police to go beyond arresting hired gangs involved in political violence and instead target the powerful individuals financing their activities, warning that organisers of organised violence should face serious criminal charges, including prosecution at the International Criminal Court (ICC).
Koome said the continued arrest of young people recruited to disrupt political gatherings would not end goonism unless those funding, organising and directing the gangs were identified and held responsible for their actions.
Speaking at Kieganguru in Maara Constituency during the opening of Maara Law Courts on Thursday, the Chief Justice described goonism as organised crime and urged security agencies to investigate the people behind the attacks rather than concentrate on those carrying out the violence.
She argued that police had largely dealt with the visible perpetrators while failing to address the individuals who recruit, finance and deploy the gangs to cause chaos at political meetings.
According to Koome, arresting low-level offenders does little to stop the problem because suspects facing minor charges can easily secure bail or bond and return to the streets.
"When we keep arresting the small people with petty crimes of causing disorder, the law allows us to release them on bail and bond," he stated.
She said those responsible for planning and coordinating the criminal activities should face tougher charges under laws dealing with serious offences.
"But when you bring the organiser of these serious crimes, they will be charged under the Serious Crimes Act. We have gazetted the Serious Crimes Division of the High Court to support the magistrates dealing with serious crimes."
Koome further argued that organised violence and intimidation carried out by hired gangs should attract international attention where the offences meet the requirements for prosecution under the Rome Statute.
She maintained that the country needed to confront the reasons behind the growing involvement of young people in political violence, including the circumstances that make them vulnerable to recruitment by criminal networks.
"Let us look at the root cause of the problem. What is the root cause of goonism in this country? We address the causes, rehabilitate our young people, get them gainful employment and resolve the problem," she noted.
The Chief Justice also issued a strong warning to individuals who finance and organise the gangs, saying they would eventually face justice for their actions, whether through the courts or divine judgment.
"Those organisers of goonism will go to hell; we curse them. If they don't go to prison, they will meet God's justice because organised crime is a serious crime. The last time I checked, it's a crime against the Rome Statute and against humanity. People get charged with organised crime in the International Criminal Court."
Her remarks come amid growing scrutiny of the police service over its handling of political goonism, with increasing demands for authorities to investigate the financiers and organisers behind attacks targeting political meetings.
The issue has also exposed differences between the Judiciary and the police over the handling of suspects linked to criminal gangs.
On Tuesday, Koome and Director of Criminal Investigations (DCI) Mohammed Amin disagreed over the responsibility of the two institutions in tackling the growing problem during a meeting of the National Council for Administrative Justice.
Koome questioned why police were not pursuing the individuals funding and sustaining criminal gangs, arguing that concentrating on arrests of the people deployed to cause disruption would not address the wider problem.
Amin, however, faulted the Judiciary, accusing courts of weakening efforts to contain criminal gangs by releasing suspects on what he described as minimal bond terms.
He called on the Judiciary to speed up the prosecution of suspects facing gang-related charges, arguing that their release allowed repeat offenders to return to the streets and continue engaging in criminal activities.
"We are calling upon the Judiciary to expedite the prosecution and trial of all gang-related offences. We have taken note that frequent release of suspects on minimal bond undermines deterrence and allows repeat offenders to return to the streets to the battlefield to continue perpetuating their activities," Amin said.
The disagreement highlights the different positions taken by the police and the Judiciary, with Koome insisting that investigations must target those financing organised violence while Amin maintains that faster trials and stronger action against repeat offenders are necessary to deter criminal gangs.