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List of 7 Conditions Under Which Kenya Police May Use Excessive Force And Get Away With It

In a period of about one month, cases of police brutality have been on the rise with several victims sadly succumbing to the excessive use of force and violence by the Kenya Police.

For instance, one person was on Wednesday morning(today) shot dead during protests in Kahawa West, Kiambu County.

Photo Courtesy: Demolitions at Kahawa West

It is alleged that the deceased, a middle-aged man operating a tuk-tuk in the area, was fatally shot by police, who were repulsing protesters.

On Thursday, August 19, 2021, residents of Kayole, Nairobi staged protests while accusing police of killing a man who flouted Covid-19 containment measures.

The deceased, identified as John Kiiru, 38, is said to have passed away after he was beaten for violating the dawn to dusk curfew.

On August 17, 2021 six police officers linked to the murder of two brothers in Kianjokoma, Embu County, were on Tuesday arraigned in a Nairobi court.

The death of 22-year-old Benson Njiru Ndwiga and his 19-year-old brother Emmanuel in police custody in Kianjokoma has once again highlighted the excessive use of force and violence by Kenya’s police when enforcing COVID rules.

However, are the police allowed to use excessive force at any one time?

According to the Independent Policing Oversight Authority(IPOA), " a police officer shall always attempt to use non-violent means first." 

If it is not possible then the officer can use force but under the following conditions.

1. The force used shall be proportional to the objective to be achieved, the seriousness of the offence, and the resistance of the person against whom it was used.

2. When the use of force results in injuries the police officers present shall provide medical assistance immediately and unless there are good reasons, failing to do so shall be a criminal offence.

3. A police officer who uses any form of force shall immediately, report to his or her superior.

4. Any use of force that leads to death, serious injury and other grave consequences shall be reported immediately to IPOA.

5. A police officer in uniform (who uses force) shall at all times affix a nametag or identifiable Service number in a clearly visible part of the uniform.

6. Following the orders of a superior is no excuse for unlawful use of force.

7. It shall be a disciplinary offence for a police officer(who uses force)to fail to report in accordance with these regulations.

Photo Courtesy: IPOA

Content created and supplied by: Kelvinxfm (via Opera News )

Kahawa West Kenya Kiambu County

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