The Law Society of Kenya (LSK) has issued a stern call for immediate legal action against police officers implicated in the extrajudicial killings of anti-government protesters. This demand follows a series of incidents where law enforcement officers allegedly used excessive force, resulting in the deaths of several young Kenyans during demonstrations against government policies.
A Surge in Police Brutality
Kenya has witnessed a troubling increase in police brutality, particularly during the 2024 anti-Finance Bill protests. These demonstrations, largely led by the youth, were met with a heavy-handed response from security forces. Reports indicate that at least 19 people were killed in Nairobi alone during the protests, with many more injured across the country.
The Independent Policing Oversight Authority (IPOA) recorded at least 67 deaths during this period, highlighting the severity of the situation. Human Rights Watch and Amnesty International have also documented numerous instances of arbitrary arrests, detentions, and torture by police officers.
LSK’s Four Demands for Accountability
In response to these violations, LSK President Faith Odhiambo outlined four key demands aimed at ensuring justice for the victims:
- Swift Resolution of Cases: The LSK urges the National Police Service (NPS) and IPOA to expedite investigations into cases involving mass killings by officers.
- Sanctioning Implicated Officers: The Office of the Director of Public Prosecutions (ODPP) should instruct the Inspector General of Police to take disciplinary action against officers found culpable of extrajudicial killings.
- Utilization of National Security Council Resources: The National Security Council should deploy all available resources to prosecute those responsible for these atrocities.
- Transparency and Victim Protection: All investigation reports should be made public, and victims should be placed under the Victims Protection Program to ensure their safety and well-being.
The LSK has not limited its efforts to public statements; it has also taken legal action to address police misconduct. Following the killing of protester Rex Masai by a plainclothes officer, the LSK filed a petition resulting in a court order barring the deployment of plainclothes officers during protests.
Additionally, the LSK has filed a petition on behalf of 28 victims of police brutality during the 2023 protests against the high cost of living, seeking justice for those injured or killed.
Recognizing the gravity of the situation, the LSK is exploring avenues for international legal action. President Odhiambo has indicated that the society is considering filing a case at the International Criminal Court (ICC) to hold rogue police officers accountable for their actions.
To support this initiative, the LSK is collecting data on abductions and police brutality, urging Kenyans to report cases of unlawful detainment or abduction during peaceful protests. This information will be crucial in building a comprehensive case against those responsible for human rights violations.
The government’s response to these allegations has been met with skepticism. While some senior police officers have been transferred following incidents like the deadly clashes in Narok County, the LSK argues that such measures are insufficient. They emphasize that reassigning officers does not equate to holding them accountable for their actions.
Public outcry continues to grow, with citizens demanding transparency and justice. The LSK’s unwavering stance serves as a beacon of hope for those seeking accountability and the upholding of human rights in Kenya.
