“Examining the Need to Stop Police Brutality During Protests in Kenya”

Kenya: End Abusive Policing of Protests

Kenyan authorities have failed to address the issue of police brutality during nationwide protests that began almost two months ago. Reports from Human Rights Watch and Amnesty International Kenya detail how police officers and their commanders committed killings and attacks against protesters and other people without consequence. The Independent Policing Oversight Authority (IPOA) must urgently conclude the investigations into all deaths and the inappropriate use of force by the police. All relevant authorities including national police service, should publicly guarantee the right of everyone to peaceful assembly and protest in the future. Although some protests became violent, most remained peaceful. While some individuals committed grave acts of violence, the police failed to intervene to stop the violence or to investigate in some cases.

Background

The protests began on March 20, 2023, with opposing Azimio coalition leader Raila Odinga calling on President William Ruto’s government to address alleged fraud in the 2022 elections and the high cost of living, among other issues. Demonstrations turned violent in Nairobi and the towns of Kisumu, Migori, and Homa Bay, leading to the death of some protesters and causing serious injuries to others. Human Rights Watch and Amnesty International Kenya conducted interviews with 115 witnesses and victims of police violence during the protests, documenting unlawful killings, arbitrary arrests, beatings, destruction of civilian property, indiscriminate and disproportionate use of tear gas and water cannons, and other serious human rights violations.

The Rights of Life and Peaceful Assembly

The right to life, peaceful assembly, association, and freedom of expression are fundamental human rights guaranteed under Kenya’s Constitution as well as international human rights treaties to which Kenya is bound, including the African Charter on Human and People’s Rights and the International Covenant on Civil and Political Rights. The UN Principles on the Use of Force and Firearms allow the police to use force only when strictly necessary and to the extent required to achieve a legitimate objective. The deliberate use of lethal force is only permissible when it is necessary to protect life. The use of tear gas must be proportional and meet a legitimate law enforcement objective.

Accountability and Police Reforms

Amnesty International Kenya and Human Rights Watch have previously documented political interference, investigative failures by the oversight authority, lack of police cooperation, lack of political will to end abuses and ensure accountability, and stalled police reforms. Guaranteeing budgetary independence of the police service and Independent Policing Oversight Authority are key to ensuring independence of the two institutions and will go a long way toward achieving police reforms including accountability for abuse.

Closing Thoughts

The brutal policing of protests is unacceptable. Kenyan authorities must take meaningful steps to preempt violent protests, facilitate the right to assembly and hold officers criminally accountable for unlawful policing. Failure to act on the March brutality opens the door to more violence in the future. The authorities should urgently and thoroughly investigate police abuse during recent protests, including the failure to protect demonstrators from attacks by others. The human rights of all citizens and residents must be protected and respected, and police accountability is a necessary pillar towards that goal.

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