LSK warns IPOA of legal consequences over delayed police brutality investigations

Law Society of Kenya President Faith Odhiambo. (Photo: LSK)

By Rachael Mutabasi
Wednesday, April 30, 2025

This follows the release of BBC documentary as well as the recent tragic event in Ang'ata Barrikoi, Kilgoris where five people were shot dead.

The Law Society of Kenya (LSK) has raised urgent concerns over the slow pace of investigations into police brutality, warning that the Independent Policing Oversight Authority (IPOA) and other oversight bodies could face legal repercussions for failing to effectively investigate and address the cases.

This follows the release of the controversial BBC Africa Eye documentary, Blood Parliament in Kenya, aired on April 27, 2025, which investigated the deaths of anti-tax protesters shot by police outside Parliament during last year's demonstrations, as well as the recent tragic event in Ang'ata Barrikoi, Kilgoris where five people were shot dead.

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In a statement, the Law Society of Kenya (LSK) condemned the Independent Policing Oversight Authority (IPOA) for what it described as unacceptable delays in addressing dozens of police brutality cases.

"Nearly a year after cases of police brutality were registered, only six have been completed and escalated for prosecution. The Independent Policing Oversight Authority (IPOA) must take immediate action to address these delays and ensure justice for the victims of police brutality,” stated Faith Odhiambo, President, Law Society of Kenya.

LSK criticised the slow progress, calling it near proof of institutional failure.

“This statistic is not only underwhelming; it is well-nigh proof of dereliction of duty,” the statement read. The society warned that the IPOA risked being held legally accountable for neglecting its constitutional and statutory responsibilities.

“In times such as this, laxity, complacency and lack of urgency are tantamount to complicity,” LSK warned, adding that the grace and patience of the Kenyan public had been overstretched.

“We hereby put the Authority on notice that they run the risk of being liable for refusal to act in accordance with their mandate. Nevertheless, we acknowledge that the resolution of these matters requires a collective approach, involving all stakeholders and citizens.”

Immediate action

LSK has called for immediate and comprehensive action from IPOA and other relevant authorities to expedite the investigations and ensure accountability.

The society further recommended a list of urgent actions, including prioritising investigations into the killings during last year’s Gen Z protests, directing the Inspector General of Police to act against implicated officers, and calling on the National Security Council to mobilise national investigative agencies to uncover the full extent of extrajudicial killings in Kenya.

Furthermore, LSK has urged the Office of the Director of Public Prosecutions (ODPP) to instruct the Inspector General of Police to immediately investigate the officers identified in existing images and videos committing disproportionate violence or being implicated in the unlawful killings of innocent Kenyans. The Society stresses that these officers should be held accountable for their actions.

LSK also demanded that all records of past investigations into historical police killings be made public and that victims and witnesses be placed under legal protection to facilitate prosecution.

"All documented reports of investigations and inquiries into historical extrajudicial killings must be made public. Furthermore, it is crucial that victims and witnesses are placed under the protection of the law to ensure their safety and pave the way for the prosecution of officers involved or suspected of involvement in these heinous acts," LSK said.

Reiterating that legal immunity for public officials only applies to lawful acts done in good conscience, LSK asserted that “inaction, complicity, and the impunity of justifying extrajudicial killings are not protected by law.”