The Azimio la Umoja One Kenya coalition has executed a strategic legal pivot in its high-stakes battle against police brutality. By voluntarily dropping four specific demands in their High Court petition, the opposition is sharpening its spear to strike at the heart of the security apparatus: the doctrine of command responsibility.

This is not a retreat; it is a recalibration. Azimio lawyers, led by Paul Mwangi, recorded a consent before the court to withdraw prayers "e, g, f, and h," effectively narrowing the scope of the dispute. The goal is now singular and deadly focused: to hold Inspector General of Police Japhet Koome and Nairobi Regional Commander Adamson Bungei personally and criminally liable for the deaths of 75 protesters. The coalition argues that these commanders either ordered the carnage or stood by while their juniors turned streets into killing fields.

The Doctrine of Accountability

The "So What?" of this legal maneuver is a potential landmark ruling that could strip senior police officers of their impunity. If the court upholds the "doctrine of command responsibility," it means a police boss can no longer wash his hands of the blood spilled by his subordinates. Azimio is betting everything on proving that the chain of command is also a chain of liability. This case is no longer just about the victims; it is about establishing a legal precedent that could terrify rogue commanders for generations.

The petition traces the horror of the anti-government protests between March and June 2023, where Azimio claims over 70 lives were snuffed out. By shedding the peripheral demands, the legal team is clearing the deck for a constitutional showdown. They want the court to declare that Koome and Bungei violated Articles 26 and 50 of the Constitution—the right to life and fair hearing—by failing to restrain their officers.

• The Strategic Withdrawal: Prayers e, g, f, and h were dropped to "resolve issues" and fast-track the core constitutional arguments regarding command liability.
• The Targets: The suit specifically names the IG, the National Police Service, and the Attorney General, aiming to pierce the corporate veil of the state.
• The Timeline: The court has directed all parties to file written submissions within 21 days, setting the stage for a high-velocity legal battle in March.

A Message to the Uniform

"We are proceeding with the constitution regarding the doctrine of command responsibilities," the coalition told the court. It is a chilling warning to the men in uniform: the excuse of "just following orders" or "I didn't know" may soon be legally obsolete. Azimio is not just seeking compensation; they are seeking a rewriting of the rules of engagement.

As the files are exchanged and the submissions drafted, the eyes of every police commander in Kenya should be on this courtroom. Azimio has dropped the baggage to travel light and strike hard. The question now is whether the judiciary will have the courage to hold the generals accountable for the wars of their soldiers.