Interior Ministry announces new measures to curb lawlessness during protests

The Ministry of Interior has announced that the police will be issuing advisories on areas of deployment, official protest zones, areas cordoned off and contact persons to be reached upon receipt of notification of protests by organisers to enhance and ensure the peaceful conduct of public gatherings.

In a statement on Tuesday, the ministry said the move will help improve public communication in line with the Public Order Act.

Organisers of public gatherings will also be required to notify the police of their intentions, including the location of their activities as required under the Act.

The move follows concerns that the protests have morphed into events of lawlessness every time they are infiltrated by criminal gangs who loot public and private property leading to violence.

"The prevailing security situation in the country owing to acts of lawlessness arising from infiltration of peaceful demonstrations has been unfortunate. What began as an expression of divergent opinion over the financial vision for the country has tragically escalated to a situation where we are sadly counting the number of lives lost, the value of property destroyed and families deprived of livelihoods," the Ministry said.

In the meantime, security has been beefed up in hotspots and areas where security for critical infrastructure has been prioritised.

The ministry said this is in respect for the sanctity of human life as guaranteed by Article 26 of the Constitution of Kenya 2010 and the non-negotiable security of property.

It, however, cautioned that security agencies are under instruction to exercise restraint during peaceful protests and use non-lethal force to ensure public safety.

An anti-government rolls a tyre along Tom Mboya Street in Nairobi on Tuesday, July 16, 2024. (Photo: Justine Ondieki/EV)

While the police are guided by the National Police Service Act which prohibits the use of excessive force in the execution of their duties, Section 49 of the Police Service Act allows the security officers to use force only when it is necessary and to the extent required in the execution of their duties.

"The police can indeed be compelled to use reasonable force when isolated and specific scenarios of protests escalate to criminalities including rioting, looting and burning of properties, disruption of traffic through the erection of roadblocks on major highways and invasion of critical and protected infrastructure," the statement said.

IPOA probe

Regarding police use of excessive force, the Ministry said in the interest of the public, the Independent Policing Oversight Authority (IPOA) is already conducting independent investigations into several allegations of alleged police misconduct, killings and reported enforced disappearances.

"All arrests made in any part of the country are subject to the Criminal Procedure Code that spells out how arrests are executed, and detention and trial of suspects. Anyone aggrieved by police actions is welcome to seek redress through our established criminal justice system, including the courts," the statement said.

The Ministry further added that it has recommended President William Ruto to initiate the process of establishing the Coroner General's Office as per the National Coroners Service Act 2017 to investigate deaths, including those resulting from police action.

"The Coroner General's Office will also ensure accountability and transparency in cases of suspicious deaths," the Ministry added.

At the same time, the criminals were warned against camouflaging as peace-loving and that they would be dealt with firmly in strict adherence to the law for all crimes that were committed.

"We remain on high alert concerning the insecurity posed by protests, infiltrations and the cases of violence and disruption of public order. A National Multi-Agency Command to coordinate the security operations has been established," the statement said as it called on business and private building owners guarding their property to liaise with local police for orderly management of security.