LSK, human rights groups demand police reforms after release of detained activists

The Law Society of Kenya (LSK) alongside several human rights organisations has called for urgent reform in law enforcement following the release and subsequent withdrawal of charges against Amnesty Kenya Executive Director Irungu Houghton and four other individuals.

This follows their recent arrest during a women's march in Nairobi on December 10, which was part of the global 16 Days of Activism Against Gender-Based Violence.

In a joint statement issued on Monday, the lawyers expressed concern over the broader implications of the recent incidents involving unlawful arrests and police brutality during public protests.

The statement, endorsed by Amnesty International, the International Commission of Jurists (ICJ), the Kenya National Commission on Human Rights (KNCHR), and the Independent Medico-Legal Unit, acknowledged the positive development of the release of the five accused.

However, they emphasized that the broader issues at stake, such as unlawful detentions, police violence, and lack of accountability, remain unresolved.

"Today ( Monday), advocates for the five accused persons were informed that there was no charge sheet, and they were unconditionally released. Given the unlawful arrests and brutalization of several protesters, this was a welcome development," the statement read.

The release came after Houghton and his co-accused were detained following a protest in Nairobi, where demonstrators were calling for action against gender-based violence.

Abuse of power

While the outcome was seen as a victory for the accused, the lawyers made it clear that the broader concerns surrounding the abuse of power by law enforcement still need urgent attention.

"We, however, note that individuals were assaulted, deprived of their liberty, arrested, and bonded to appear in court. The practice of detaining individuals without charging them has been abused as a means to harass, intimidate, and threaten human rights defenders," the statement continued.

In light of these developments, the four organizations are calling on the government to take immediate action to curb arbitrary arrests, abductions, and the excessive use of force by police.

They specifically outlined several demands in their joint statement, calling for systemic changes and better oversight mechanisms.

First, the group demanded that the Inspector General of Police implement reforms to ensure police tactics prioritize peaceful engagement with protesters.

"It must be unequivocally reaffirmed that reasonable three-day notice, once given, is sufficient to enable Kenyans to exercise their rights under the law," the statement read further.

Protesters sit at the gate of the Supreme Court with placards bearing names of Kenyans who have lost their lives through femicide on December 10, 2024. (Photo: Barack Oduor)

The organisations also called on the Independent Policing Oversight Authority (IPOA) to conduct an urgent investigation into the conduct of police officers, particularly those who violate the law by operating in plainclothes during demonstrations, making it difficult for citizens to identify them.

The Internal Affairs Unit (IAU) was urged to expedite its investigations into the officers involved and to make their findings public without delay.

Additionally, the lawyers demanded that the Office of the Director of Public Prosecutions (ODPP) pursue charges against individual officers implicated in human rights violations and hold senior police officials accountable for any command failures that led to abuses.

The joint statement pointed to the women's march on December 10, the final day of the 16 days of activism against gender-based violence, as a particularly alarming example of police overreach.

During the protest, police officers reportedly used tear gas on the peaceful protesters, and several individuals were assaulted and arrested.

Ten people were unlawfully detained, with five being charged with participating in an "unlawful assembly" while the rest were released unconditionally.

This heavy-handed approach was condemned both by local Kenyans and international organizations. The United States Embassy in Kenya joined the chorus of criticism, describing the actions as "regrettable and concerning."