Kenya is not a police State, rights groups warn over protest deaths

At least 37 people have been killed and 60 injured since anti-government demonstrations began in March this year, human rights organisations have said.

They spoke as the police watchdog warned that officers involved in such shootings would be held personally liable.

The Independent Medico Legal Unit (Imlu), the Independent Policing Oversight Authority (Ipoa), the International Commission of Jurists (ICJ), Amnesty International and Haki Afrika have all criticised the police for acting outside the law and causing serious injuries to Kenyans at the demonstrations.

At the same time, Ipoa warned of cases it said were reported of officers from criminal gangs, militias and unknown or undeclared special units infiltrating the protests.

The human rights organisations also raised a host of issues concerning the officers, in particular the payment of allowances, long working hours, internal promotions, mental health and disjointed command, which could lead to brutal behaviour in dealing with protesters.

"The Inspector General of Police (IG) should be truly independent, including the independence of oversight. Anyone who thinks he is acting on behalf of the Executive will be on his own when the chickens come home to roost," warned Ipoa Commissioner John Waiganjo.

Police were being weaponised

Imlu executive director Peter Kiama claimed that the police were being weaponised to protect political interests which is dangerous for the country.

“We are seeing police commanders receiving orders from outside the police command. We are seeing politicisation of the police service once again. We are seeing individuals being deployed in civilian (clothes). It's okay especially those undercover but (they) must declare they are officers,” stressed Kiama.

The organisations also lashed out at Interior Cabinet Secretary (CS) Kithure Kindiki and Inspector General of Police Japheth Koome for failing to make public the deaths, injuries and alleged arrests during the protests and submit them to the Ipoa for further investigation.

They have called on Prof Kindiki and Mr Koome to show accountability by documenting those arrested and giving reasons for the charges against them.

Haki Afrika Director Hussein Khalid and ICJ Programme Officer Thuku Mburu said the State has a duty to protect citizens’ rights.

“Kenya is not a police state. You cannot act selectively by going against what is required by the Constitution. We are being one sided in dealing with the protests,” said Mr Khalid.   Mr Kiama of Imlu took issue with the police not giving details of the dead, injured and arrested.

Azimio-called demonstration

“We have seen high levels of criminality. Imlu has monitored 12 demonstrations including Azimio-called demonstration since the beginning of the year, out of those, we have documented 68 injuries and out of those injuries we have 37 deaths out of police action,” he stated.

He explained: “The use of live bullets, 25 are men and two women aged below 40. Many are in their 20s. A 32-year-old man was shot in Nakuru county protests from behind while a 20-year-old woman was shot from the upper back during the Mlolongo protest in Nairobi.”

Another incident took place in Migori County, where a man was allegedly teargassed and died of asphyxiation. Amnesty International executive director Irungu Houghton said they had documented at least 30 cases of police killings of protesters since March.

Mr Houghton said this included 12 killings during the 20 and 27 March protests, 12 during the 7 July protests and six during Wednesday's demonstrations.

“The deaths have been attributed to suffocation from tear gas and lethal shootings. Preliminary investigations have revealed that the police have used beatings, arbitrary arrests and detention of protestors, indiscriminate and disproportionate use of tear gas and water cannons, and other serious rights violations to police the protests,” said Mr Houghton.