KNCHR demands interdiction of police officers involved in deadly Narok shooting
The killings happened when locals protesting against the alleged grabbing of approximately 6,000 acres of land clashed with the police, leading to civilian deaths and injuries.
The Kenya National Commission on Human Rights (KNCHR) has called on the Inspector General of Police to immediately interdict all General Service Unit (GSU) and Rapid Deployment Unit (RDU) officers involved in Monday's Angata Barikoi shooting.
KNCHR wants the officers interdicted pending the conclusion of investigations by the Independent Policing Oversight Authority (IPOA) over the incident that left five civilians dead and several others injured.
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The Eastleigh Voice has learnt that IPOA detectives have since gone to the ground and commenced a probe into the killings. The authority will issue an update in due course.
On Tuesday, KNCHR Vice Chairperson Dr Raymond Nyeris said the actions of the officers amounted to a flagrant disregard of the law and called on the National Police Service to conduct an urgent review of the command decisions that led to the deployment of GSU and RDU units and the subsequent use of lethal force in Angata Barikoi.
"The reported use of live ammunition against protestors constitutes a severe violation of the Right to Life, guaranteed under Article 26(1), which states, "Every person has the right to life." Furthermore, Article 26(3) explicitly provides that "A person shall not be deprived of life intentionally, except to the extent authorised by this Constitution or other written law." The circumstances described, involving protests over a land dispute, do not appear to meet the stringent legal threshold required to justify the intentional deprivation of life," Dr Nyeris added.
The killings happened when locals protesting against the alleged grabbing of approximately 6,000 acres of land clashed with the police, leading to civilian deaths and injuries.
Police officers were also injured in the clashes, and some remain admitted with arrow shot wounds.
"The Commission is deeply disturbed by the accounts of excessive and lethal force used against unarmed citizens exercising their right to protest. This incident represents a grave violation of fundamental human rights and freedoms enshrined in the Constitution of Kenya, particularly the right to life, human dignity, and security of the person. The KNCHR sends a message of condolence to all families that lost their loved ones and wishes a quick recovery to the locals and police officers who were injured in the fracas," the VC said.
He further said that the actions of the National Police Service, established under Article 239(1)(c), is mandated to strive for the highest standards of professionalism and discipline, prevent corruption, promote transparency and accountability, and comply with constitutional standards of human rights and fundamental freedoms (Article 244).
KNCHR is calling on IPOA to conduct an impartial probe, specifically focused on the use of force and firearms by the involved GSU and RDU officers.
The reported events strongly suggest a failure to adhere to these principles of necessity and proportionality, indicating an unlawful use of lethal force.
According to the commission, the underlying land dispute context also brings into question adherence to Article 40 (Protection of right to property) and Article 47 (Fair administrative action).
"Reports suggest the existence of a Court order prohibiting interference with the disputed land pending the determination of a petition by affected families. If Government officials and security forces proceeded with demarcation activities in defiance of a Court order, this represents a serious breach of the rule of law, procedural fairness, and potentially the property rights of the residents involved," the commission noted.
Accountability
The commission further wants the IG to publicly commit to holding accountable any officer found to have used excessive or unlawful force and reinforce strict adherence to the Constitution and the National Police Service Act, particularly the provisions on the use of force and firearms (Sixth Schedule), among all police officers through mandatory retraining and clear directives.
It further wants the Director of Public Prosecutions (DPP) to upon receipt of investigation files from IPOA or other relevant bodies, undertake prompt and impartial review of the evidence and institute criminal proceedings against any police officer or state official found culpable for the killings, injuries, or other related offenses to ensure robust prosecution to secure justice for the victims and deter future violations.
It has also sought the National Land Commission (NLC) to urgently investigate the historical context and legal status of the disputed 6,000-acre land parcel, including the verification of all existing title deeds and claims and provide clear recommendations for the just and lawful resolution of the land dispute, respecting the rights of all parties involved.
"The KNCHR stands in solidarity with the families of the deceased and those injured (both civilians and police officers) and calls for calm among the residents of Angata Barikoi and urges all parties to refrain from violence and engage in peaceful dialogue. The Commission will continue to monitor the situation closely, engage with the relevant authorities, and advocate for the full realisation of human rights for all Kenyans. The sanctity of life must be protected, and impunity for human rights violations must end," Dr Nyeris said.
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