Rights groups demand detailed, impartial probe into police misconduct during anti-tax demos

Pressure is mounting for the Independent Policing Oversight Authority (IPOA) to do its work in probing and recommending action against security agencies using excessive force against civilians taking part in the wave of protests sweeping the country.

In a June 19 letter to IPOA Chairperson Anne Makori, 20 local and international civil society groups based in Kenya, under the Police Reforms Working Group, appealed to the IPOA to probe police violations, urgently and in detail.

They also want individuals in charge of approving and executing the use of fatal force, making arbitrary arrests, kidnappings, and enforced disappearances held to account and prosecuted.

"We write to convey our deepest concerns about the recent use of deadly force by law enforcement against peaceful protestors. Other violations documented include extra-judicial killings, enforced disappearances, corporal punishment, and the use of unlawful force and firearms," the organisations said.

"So far, we have documented 23 deaths, 34 enforced disappearances/abductions, and 271 injuries. In addition to being against international human rights instruments, these acts subvert democratic ideals and the rule of law."

The organisations include Amnesty International, the International Commission of Jurists Kenya, the International Justice Mission (IJM), the Defenders Coalition, Haki Africa, Katiba Institute, the Federation of Women Lawyers (FIDA), the Kenya Human Rights Commission (KHRC), and Transparency International Kenya.

They noted that the situation in Kenya is rapidly deteriorating following the sustained countrywide civilian protests opposing the proposed Finance Bill and other important issues affecting the nation. The nationwide dissent has been particularly vocal since mid-May 2024, with the latest protests taking place on June 27.

The human rights groups also expressed fear that military deployment risks worsening the situation, with the protests going on despite President William Ruto's bill, the new call being for his resignation.

"With the deployment of defence forces following the approval by parliament on June 26, we are apprehensive that the situation could worsen," the letter stated.

While the constitution safeguards the basic right to peaceful assembly, Kenya is a signatory to the International Covenant on Civil and Political Rights (ICCPR) and is further guided by the United Nations Principles on the use of force and firearms by law enforcement officials.

These regulations state that lethal force should only be used in extreme cases and when necessary to defend life and such acts by the police constitute a clear breach of this principle.

They said it is unfortunate that law enforcers used excessive force, inflicting injuries and even killing peaceful protesters rather than defending these rights and obligations.

"The legitimacy of Kenya's commitment to human rights and the rule of law depends on timely and open investigations," the letter said.

"Further, IPOA must carry out its mission to impartially monitor and investigate police behaviour and guarantee that such flagrant breaches of human rights never happen again. A just and democratic society must uphold the rights to nonviolent assembly, protection from arbitrary arrests and the avoidance of forced disappearances," they added and gave IPOA seven days to issue an update on the progress of its investigations.

Meanwhile, the Kenya National Human Rights Commission (KNHRC) has declared that it is seeking redress and accountability for all victims of torture during the #RejectFinance Bill protests.

"Despite Kenya having a Prevention of Torture Act (POTA), KNHRC noted that some actions by security agencies amounted to torture. This takes back the gains we were celebrating this week as we marked the International Day in support of victims of torture on June 26," the commission said in a post on X, the social media platform, on Saturday.