Police Conduct During Today’s Protest Undermines Constitutional Rights And Democratic Values
Inuka Kenya Ni Sisi! strongly condemns the unlawful and excessive use of force by the National Police Service (NPS) during today’s peaceful protests held in Nairobi and other parts of the country. We are deeply disturbed by credible reports and footage showing officers using live ammunition, tear gas, and batons against unarmed civilians, many of them youth- who were exercising their constitutional right to assemble and express themselves peacefully.
This conduct is a blatant violation of the Constitution of Kenya, 2010. Specifically:
- Article 37 guarantees every person the right to assemble, demonstrate, picket, and present petitions to public authorities, peacefully and unarmed.
- Article 33 upholds the right to freedom of expression.
- Article 238(2)(b) provides that national security must be pursued in compliance with the law, with utmost respect for the rule of law, democracy, human rights, and fundamental freedoms.
- Article 244 obligates the National Police Service to “comply with constitutional standards of human rights and fundamental freedoms” and to “strive for the highest standards of professionalism and discipline.”
The deployment of brute force against protesters,many of whom were peacefully calling for transparency and accountability, is not only unconstitutional but also immoral. Instead of protecting lives and upholding public safety, the police have once again chosen intimidation, violence, and suppression as tools of engagement.
We are further concerned by the NPS’s failure to prevent or arrest individuals identified as “goons” who allegedly infiltrated protests with crude weapons, as mentioned in the police’s own press statement. This selective enforcement raises serious questions about possible complicity or negligence by security agencies. Peaceful protesters were met with violence, while those allegedly armed were left unbothered-why?
We therefore make the following demands:
- Immediate public release of the names of officers involved in today’s shooting and use of force. 2. We demand the arraignment of the shooter officer of the mask seller in court tomorrow.
- Independent investigations by IPOA and KNCHR into police conduct during the protests. 4. We demand the resignation of IG Kanja for gross incompetence
- Full respect for the Constitution and cessation of the use of live rounds and unlawful crowd-control measures.
- We demand the arrest and prosecution of DIG Lagat and all officers involved, in any way, in the murder of Albert Ojwang.
Kenyans are not criminals for demanding justice. Peaceful protest is not a crime. The Constitution is not a suggestion; it is the supreme law of the land.
We remind the police that they serve the people, not power.
Signed by,
Dr. Kawive Wambua
