Amnesty Kenya warns police against use of excessive force ahead of planned protests over fuel price hikes

Amnesty Kenya warns police against use of excessive force ahead of planned protests over fuel price hikes

It further said force should only be used when lawful, necessary and proportionate, and only as a last resort. It added that live ammunition, rubber bullets, tear gas and water cannons should not be used against peaceful protesters.

Amnesty International Kenya has called on the National Police Service (NPS) to respect constitutional rights and act lawfully during planned nationwide demonstrations on Tuesday, 21 April 2026, over rising fuel prices and the growing cost of living.
In a statement, the organisation said Kenyans have a legal right to assemble, demonstrate, picket and present petitions peacefully and unarmed under Article 37 of the Constitution. It stressed that police officers are required to facilitate and protect peaceful protests rather than suppress them.
Executive Director Irũngũ Houghton said the country must not witness a repeat of abuses seen during previous protests.
“Public order and human rights are not mutually exclusive. There must be no further loss of life, no excessive use of force, and no suppression of media freedom during the exercise of the right to peaceful protest,” said Irungu.
Amnesty International said it had previously documented excessive use of force, arbitrary arrests, harassment of journalists and obstruction of medical personnel during earlier demonstrations.
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The organisation warned that individual police officers and their commanders could be held personally and criminally responsible for violations of human rights, the Constitution and Kenyan law. It also referred to recent court rulings and the July 2025 Interior Ministry policy directive on the use of police force and firearms.
Amnesty Kenya also cited a recent High Court ruling in Kisumu, which declared the use of live ammunition against unarmed civilians and bystanders during public protests unlawful and unconstitutional.
“The Court was clear that protest situations must never be treated as battlefields in a constitutional democracy. Firearms may only be used where it is strictly unavoidable to protect life,” Irungu said.
The rights group urged police commanders to ensure all officers on duty are clearly identifiable through uniforms, name tags and service numbers.
It further said force should only be used when lawful, necessary and proportionate, and only as a last resort. It added that live ammunition, rubber bullets, tear gas and water cannons should not be used against peaceful protesters.
The group also called for the protection of journalists, health workers and human rights observers during the demonstrations.
“Journalists and media workers must be allowed to operate freely, while health workers and neutral parties must be protected and given safe passage,” said Irungu.
The organisation urged police to distinguish peaceful protesters from individuals involved in criminal acts, saying peaceful demonstrators should not be punished for the actions of a few.
“Peaceful protesters must not be collectively punished for the actions of a few. Arrests must be lawful, targeted, and based on individual responsibility,” Irungu added.
He also said any deaths or serious injuries during the protests should be reported immediately to the Independent Policing Oversight Authority (IPOA) and that police must cooperate fully with oversight bodies.
He further said that all arrested persons must be informed promptly of the reasons for their arrest, granted access to legal counsel, considered for bond or bail where applicable, and presented before a court within 24 hours, in line with the Constitution.
He added that any deaths or serious injuries must be reported immediately to IPOA, while the National Police Service must fully cooperate with IPOA and the Kenya National Commission on Human Rights by preserving and surrendering all relevant evidence.
Meanwhile, Nairobi Regional Police Commander Issa Mohamud has warned that the planned demonstrations will not be allowed, saying organisers failed to notify authorities as required by law.
Speaking at a press briefing on Friday, Mohamud said the National Police Service had not received any formal notice of the protests, despite widespread mobilisation on social media and other online platforms.
He said that while the police respect the constitutional right to picket and demonstrate, organisers must still comply with legal procedures, including giving notice in advance.
“Although we are aware of calls for protests next week, no official notification has been filed. This makes the planned demonstrations unlawful, and appropriate action will be taken,” he said.
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