UNMASK THE ABUSE: Unlawful Policing and Protection of Constitutional Rights
Full story
Kenya is watching a dangerous pattern. Across the country, security forces have conducted operations in which officers conceal their identities, deploy excessive force, and act in ways that make accountability impossible.
Policing is a public duty, not a license for violence. When officers hide their identities while carrying out state operations, they do not protect the public. They undermine the constitutional order they are sworn to uphold.
This is no longer a matter of isolated mistakes. On June 25, we assembled to hold a peaceful procession in Nairobi to commemorate the lives lost during Genz protests the past two years. We were violently dispersed and some of our fellow citizens arrested at Parliament later, some were released with acccounts of torture in police hands. One Davis Lichuma is still missing.
We demand for his production immediately.
Why are citizens being violently dispersed when they have followed the legally required notification procedures for peaceful assembly? The constitutional right to peaceful assembly is not a privilege extended selectively by those in power. Kenyans cannot be treated differently depending on who they are or what they are protesting against. Are different instructions being issued to different units? Are there killer squads within the government being deployed outside the law to intimidate citizens?
We demand a public explanation from President William Ruto.
As a bare minimum we demand the following from Inspector General of Police Douglas Kanja :
1. All officers deployed in public operations must be clearly identified at all times as required,
3. Clear command responsibility must be established and publicly communicated for all public order operations.
4. The constitutional right to peaceful assembly must be fully and unconditionally respected.
5. Account for all the missing persons following last week’s procession, and especially the whereabouts of Lichuma.
We cannot normalize masked violence or the use of force against citizens exercising their rights. Our country must be governed by law, not fear.
By David K. Maraga,
Chief Justice Emeritus