POLICE BRUTALITY IN KENYA: A CRITICAL ANALYSIS OF THE LEGAL AND

INSTITUTIONAL FRAMEWORKS

UNIVERSITY OF NAIROBI

MWANGI GEOFFREY NYONDU

G34/3144/2019

A Research Paper submitted to the University of Nairobi Faculty of Law in partial fulfillment of
the requirements for the Degree of Bachelor of Laws

MAY 2023

1
I, MWANGI GEOFFREY NYONDU, do hereby declare that this is my original work and that
it has not been submitted for award of a degree or any other academic credit in any other
University.

Signed………GNM Date………16th May 2023

LIST OF ABBREVIATIONS
IPOA- Independent Police Oversight Authority

KNCHR- Kenya National Commission on Human Rights

NHRI- National Human Rights Institution

IPSC- Independent Police Service Commission

NPS- National Police Service

HRW- Human Rights Watch

COP- Community-Oriented Policing

LIST OF LAWS
The Constitution of Kenya, 2010

The National Police Service Act No. 11 of 2011 Laws of Kenya

The Independent Policing Oversight Authority Act, Cap 88 Laws of Kenya.

Criminal Procedure Code CAP. 75 Laws of Kenya

2
Table of Contents
LIST OF ABBREVIATIONS.......................................................................................................2

LIST OF LAWS.............................................................................................................................2

Table of Contents.............................................................................................................................3

Introduction....................................................................................................................................4

1.0 HISTORY OF POLICE BRUTALITY IN KENYA............................................................5

1.1 Historical context of police brutality in Kenya.................................................................5

1.2 Legal and institutional frameworks governing police conduct in Kenya.......................7

1.2.1 The constitution.............................................................................................................8

1.2.2 The National Police Service Act.................................................................................10

1.2.3 The Independent Policing Oversight Authority Act................................................12

2.0 CHALLENGES OF LEGAL AND INSTITUTIONAL FRAMEWORKS......................13

2.1 Lack of Accountability.......................................................................................................13

2.2 Inadequate legal and institutional frameworks...............................................................14

2.3 Lack of political will to implement reforms.....................................................................16

2.4 Inadequate training and capacity building for police officers.......................................17

2.5 Corruption and impunity..................................................................................................18

2.6 Lack of public awareness and participation in police reforms......................................19

3.0 OPPORTUNITIES OF LEGAL AND INSTITUTIONAL FRAMEWORKS.................20

3.1 Strengthening of legal and institutional frameworks.....................................................20

3.2 Promotion of community policing and partnerships......................................................23

3.3 Training and Capacity Building.......................................................................................23

4 Conclusion.................................................................................................................................24

Bibliography..................................................................................................................................26

3
INTRODUCTION

Police brutality has long been a problem in Kenya, dating back to the British colonial era. Over
500 police killings were documented between 2019 and 2021. Men aged 18-35 living in informal
settlements are the most vulnerable to police abuse.1

A number of factors contribute to Kenya's police force's violence, including its origins as a
British colonial force, bad recruitment procedures, corruption, and a lack of accountability for
police acts. The Kenyan police force has been identified as one of the country's most corrupt
official agencies, with corruption prevalent at all levels of the organization. 2

Human rights organizations, such as Missing Voices, have been working to document and track
cases of police violence in Kenya. However, the level of accountability within police agencies in
Kenya remains very low, allowing officers to continue perpetrating violence without facing
consequences.3

1. 0 HISTORY OF POLICE BRUTALITY IN KENYA

1.1 Historical context of police brutality in Kenya
Police brutality has long been a problem in Kenya, dating back to the colonial era when British
ruled the country. The colonial police force was deployed to keep control over the indigenous
population, and brutality was utilized to suppress any opposition to British rule.4

During the 1950s, Britain executed a war in Kenya against the Mau Mau, an organization that
sought for independence from colonial control. The movement was violently suppressed through
the deployment of massive prison camps and institutional violence resulting in numerous deaths

1
Maurice Oniang'o, ‘Nine steps to better coverage of police brutality in Nairobi – and beyond,’ 2022. Available at
https://reutersinstitute.politics.ox.ac.uk/nine-steps-better-coverage-police-brutality-nairobi-and-beyond
2
Douglas Lucas,’Kenya has tried to reform its police force, but it’s left gaps for abuse’ 2022. Available at
https://theconversation.com/kenya-has-tried-to-reform-its-police-force-but-its-left-gaps-for-abuse-176044
3
Ibid
4
Carotenuto, Matthew, and Brett Shadle. “Introduction: Toward a History of Violence in Colonial Kenya.” The
International Journal of African Historical Studies, vol. 45, no. 1, 2012, pp. 1–7. JSTOR, Available at
http://www.jstor.org/stable/23267168. Accessed 7 May 2023.

4
and injuries.5 Abuse and murders by police officers in Kenya have been a persistent problem
since the British colonial period.6

The police force underwent reformations after independence, but police violence remained a
persistent problem. The police were frequently accused of employing excessive force and torture
to get confessions, and human rights organizations decried the lack of accountability for police
officials who committed violations.7

Over the years, the Kenyan government's response to police abuse has been fluctuating. In the
1970s, the Kenyan government created the Independent Police Oversight Authority (IPOA) to
investigate and prosecute police officers accused of misconduct. However, the efficiency of the
IPOA has been called into question due to insufficient resources and funding, as well as reports
of government officials interfering with its operations.8

Kenya was dominated by a one-party system in the 1980s and 1990s, and the government
deployed the police to suppress opposition and dissent. Political protests were frequently met
with violence, and police officers were accused of deploying live ammunition against protesters.
This period of police brutality and abuse of power has left a lasting impression on the country,
with the police force frequently feared for their reputation for crime and violence against
vulnerable populations.9

With the formation of the Kenya National Commission on Human Rights (KNCHR) in 2002,
Kenya made strides in combating police brutality in the early 2000s. The Kenya National
Commission for Human Rights (KNCHR) is a National Human Rights Institution (NHRI)
created under Kenya's Constitution and Statute laws. Its primary mission is to safeguard and
promote human rights, which includes investigating human rights breaches such as police
brutality and lobbying for police reform. The Kenya National Commission for Human Rights
(KNCHR) has played a critical role in promoting and safeguarding human rights in Kenya,
5
Ibid
6
Anna Janson, ‘Police Brutality, Colonialism, and Coronavirus in Kenya’ AFRICA, HUMAN RIGHTS, WORLD
MIND ISSUE 6.2, 2022. Available at https://www.theworldmind.org/home/2020/12/18/police-brutality-colonialism-
and-coronavirus-in-kenya
7
Ibid
8
Wangui Kimari, ‘Kenya’s police are violent, unaccountable and make most citizens feel less safe – should they be
abolished?’ 2023. Available at https://theconversation.com/kenyas-police-are-violent-unaccountable-and-make-
most-citizens-feel-less-safe-should-they-be-abolished-201677
9
Njiri, Nelson Mugweru, Susan Mwangi, and Joseph Wasonga. "Human Rights Violations: An Impetus for Police
Reforms in Kenya between 1978 and 2002." JL Pol'y & Globalization 103 (2020): 36.

5
particularly in a country with a long history of human rights violations and widespread
impunity.10

Despite the efforts of Kenya's National Commission on Human Rights (KNCHR), police
violence remains a major issue in the country. There have been numerous reports in recent years
of police officers employing excessive force against protestors, journalists, and human rights
advocates. There have also been reports of extrajudicial killings and disappearances of suspects
in police custody. This demonstrates that in Kenya, there is still a gap between human rights
theory and reality.11

Following the contentious presidential election, there were complaints of police violence and use
of excessive force against opposition supporters in 2017. The government replied by establishing
an investigation into police misconduct, but critics claimed that the investigation was insufficient
and lacked openness.12

Police brutality has long been a problem in Kenya, and despite various reform efforts, it remains
a substantial issue. The absence of accountability for police officers who perpetrate abuses, as
well as insufficient resources and financing for monitoring authorities such as the IPOA and
KNCHR, are important impediments to properly resolving the problem. More must be done to
hold the police force accountable for its acts and to ensure that human rights are respected and
maintained in Kenya.13

1.2 Legal and institutional frameworks governing police conduct in Kenya

Police behavior is a critical issue in any community since it directly impacts residents' safety and
security. In Kenya, the government has put in place legal and institutional structures to oversee
police behavior and ensure that law enforcement organizations follow the rules. These
frameworks seek to guarantee that police officers carry out their jobs properly and with regard
for citizens' human rights. Nonetheless, despite the existence of these frameworks, examples of
police misconduct and abuse of authority have occurred in Kenya, resulting in public outrage and
calls for reform. In this context, it is critical to comprehend the legislative and institutional

10
Khan, Fatima. “Nhris and the Challenges of Independence in a Kenyan Context.” (2012).
11
Ibid
12
Jandrić, Petar. “Post digital openness.” Open Review of Educational Research 5 (2018): 179 - 181.
13
Ometo, Bryson. “Improving Police Accountability in Kenya: Curing the Shortcomings of the IPOA in Bringing an
End to Police Brutality in the Country.” (2020).

6
frameworks that govern police activity in Kenya, as well as how they operate and their
effectiveness in promoting accountability and transparency.

1.2.1 The constitution

The Kenyan Constitution is crucial in controlling police actions and enforcing order in the
country. It promotes democratic, rule-of-law, and fundamental human rights principles with the
goal of encouraging good governance, accountability, and transparency in the operation of the
police force.14

The Kenyan constitution under Chapter Four establishes a Bill of Rights that guarantees all
people' fundamental rights and freedoms, including protection from torture, cruel, inhuman, or
degrading treatment or punishment. This means that acts of police violence are illegal under the
constitution, and all citizens have the right to be protected from such actions.15 It stipulates that
the police should operate within the limits of the law and respect the human rights of all citizens.
The constitution requires that police officers use force only when necessary and proportionate to
the situation. The use of excessive force is prohibited, and any police officer who uses excessive
force is liable to prosecution.

Frederick Leliman, a former Kenyan police officer, and three other officers were charged in 2016
with the murder of human rights lawyer Willie Kimani and two others. Kimani, his client and a
cab driver, was murdered and Leliman was sentenced to death12.16 This was yet another example
of police brutality and extrajudicial killings in Kenya.

Under Article 245, the constitution establishes Independent Policing Oversight Authority
(IPOA). The Independent Policing Oversight Authority (IPOA), is in charge of regulating the
operations of the country's police. The IPOA receives, examines, and analyzes complaints
against police officers and functions independently in accordance with the principles of fairness,
transparency, and impartiality. Under the IPOA Act, IPOA has been given rights and duties that
allow it to investigate police, but it confronts obstacles in carrying out these functions since it has

14
Constitution of Kenya, 2010.
15
Odongo, Godfrey O. “The post-2010 jurisprudence on children's rights under the Kenyan Constitution.” African
Human Rights Law Journal (2023).
16
Republic v Fredrick Ole Leliman & 4 others [2016] eKLR

7
not been given adequate authorities that would compel members of the National Police Service
(NPS) to submit to IPOA's powers.17

The Kenyan constitution also establishes an Independent Police Service Commission (IPSC)18
that is responsible for the appointment, promotion, transfer, and discipline of police officers. The
IPSC is mandated to ensure that all police officers adhere to the highest standards of
professionalism, integrity, and accountability. The commission also has the power to investigate
and discipline police officers involved in misconduct.19

Kenya's constitution also provides for the establishment of a National Police Service (NPS). The
National Police Service is overseen by the Ministry of Interior and National Government
Coordination. The NPS is tasked with maintaining law and order as well as protecting life and
property. The constitution compels the NPS to follow the law and respect the human rights of all
citizens.20

In conclusion, the Kenyan constitution establishes a comprehensive framework for controlling

police brutality and promoting accountability, professionalism, and integrity in the police force.
Through independent oversight bodies such as the IPOA and accountability mechanisms, the
constitution ensures that the police operate within the limits of the law and respect the
fundamental rights and freedoms of all citizens. The ongoing police reforms, including the
vetting of top officers, aim to inculcate ethical behavior and promote good governance,
accountability, and transparency in the operation of the police force. Overall, these measures
demonstrate Kenya's commitment to upholding the rule of law and protecting the rights of its
citizens.

1.2.2 The National Police Service Act21

The National Police Service Act in Kenya is a piece of legislation that seeks to establish
oversight mechanisms over the National Police Service, provide for the organization and

17
Kerubo, Laura Ongoto. “A Case for vesting the independent policing and oversight authority with proprietorial
functions.” (2018).
18
Article 244 Constitution of Kenya, 2010.
19
Kimwele, Benjamin Muthyotuku and Gabruel Nyabuto. “Effectiveness Of Independent Policing Oversight
Authority In Enhancing Police Performance In Starehe, Nairobi County, Kenya.” International Journal of Scientific
and Research Publications (IJSRP) (2022).
20
Kibaara, Julius Kanampiu and Kennedy Onkware. “CHALLENGES FACED BY KENYA NATIONAL POLICE
SERVICE IN CONFLICT MANAGEMENT IN GARISSA AND BARINGO COUNTIES, KENYA.” (2018).
21
National Police Service Act No. 11 of 2011 Laws of Kenya

8
administration of the National Police Service in accordance with the Constitution, and guarantee
that the police are adequately resourced and trained to carry out their duties. Controlling police
brutality and making ensuring that police officers are held accountable for their acts is one of the
Act's key goals.22 The Act has led to the development of county policing authorities, which are
responsible for developing ideas on priorities, objectives, and targets for police performance in
the county, monitoring trends and patterns of crime, and encouraging community policing
initiatives.23

The National Police Service Act establishes the framework for the National Police Service (NPS)
and sets out guidelines for police conduct. The Act provides for the management and
administration of the police service, and outlines the powers and responsibilities of police
officers.

One way in which the National Police Service Act controls police conduct is by providing for
mechanisms of accountability. The Act establishes the Independent Policing Oversight Authority
(IPOA), which is responsible for receiving and investigating complaints against police officers.

The IPOA has the power to recommend disciplinary action or prosecution of police officers who
are found to have engaged in misconduct.24

The Act also specifies rules for police officers' use of force. Force must only be used when
absolutely required and in proportion to the danger to the officer or others. The Act forbids the
use of excessive force and allows for investigations into instances involving the use of force.25

Under the Sixth Schedule of the Act, non-violent tactics must always be employed when they are
successful; All non-violent means must only be employed when needed and in proportion to the
goal being pursued; Firearms may only be used for life-saving purposes and self-defense (and
not, for instance, to intimidate, scatter crowds, or shoot fleeing suspects), and every use of force
must be recorded and made available for an internal police investigation.26

22
Section 3 National Police Service Act No. 11 of 2011 Laws of Kenya
23
Burbidge, Dominic. “Emerging diversity in security practices in Kenya’s devolved constitution.” Conflict
Trends 2017 (2017) pg. 34-42.
24
Section 5 National Police Service Act CAP. 84 Laws of Kenya
25
Ibid Section 61
26
Ibid

9
The National Police Service Act also prohibits discrimination on the basis of any factor and
obliges police officers to uphold fundamental freedoms and human rights. The Act also mandates
that police officers get training in professional ethics, human rights, and ethics.27

Overall, the National Police Service Act plays a significant role in regulation of police
brutality in Kenya by establishing accountability systems, providing guidelines for the use of
force, and mandating police officers to respect human rights and fundamental freedoms.

1.2.3 The Independent Policing Oversight Authority Act

The Independent Policing Oversight Authority Act is a Parliamentary Act that provides for
public monitoring of police activity; establishes the Independent Policing Oversight Authority;
and outlines the IPOA's tasks and powers.28

IPOA has the authority to receive and investigate complaints from Service members, investigate
any complaints relating to disciplinary or criminal offenses committed by any member of the
Service, and make recommendations to the appropriate authorities for prosecution, restitution,
internal disciplinary action, or any other appropriate relief.29

The IPOA is obligated to investigate the patterns of police misconduct and the operation of the
internal disciplinary process, present any information it deems appropriate to an inquest, take all
reasonable measures to facilitate public access to the Authority's services, publish findings of its
investigations, monitoring, reviews, and audits as it sees fit, including through electronic or
printed media, make recommendations to the Service or any State organ, and report any findings
to the appropriate authorities.

The IPOA Act's Section 24 provides for the procedure for filing a complaint against the police
and conducting an investigation into an incident involving a police officer, where any further
suitable format that may be stipulated in the regulations; When a complaint is made verbally, the
authority with whom it is filed requires that it be reduced to writing. To make sure that the
complaint is properly investigated, the complainant must receive reasonable support. 30

27
Ibid Section 79
28
The Independent Policing Oversight Authority Act, Cap 88 Laws of Kenya.
29
Ibid Section 6
30
Ibid Section 24

10
2.0 CHALLENGES OF LEGAL AND INSTITUTIONAL FRAMEWORKS
2.1 Lack of Accountability
In fact, a major obstacle to effective police reforms is a lack of accountability inside the National
Police Service. The failure to hold law enforcement accountable for violating citizens' rights and
abusing their authority without consequences is what defines this problem. Numerous instances
of police meddling, political scheming, and cover-ups result in criminals escaping punishment
when they ought to be held accountable.31

For example, Six-month-old Samantha Pendo was murdered in August 2017 when Kisumu City
police raided her parents' house during post-election demonstrations. The police allegedly broke
into the home, assaulted the parents, and bashed Baby Pendo in the head with a baton. After
being taken to hospital, Baby Pendo passed away from her wounds a short while later.32

A Kenyan court acquitted the four police officers accused of killing Baby Pendo in 2021 on
account of the absence of evidence. 33 Activists and human rights organizations strongly opposed
this choice.

The Independent Policing Oversight Authority (IPOA) is responsible for ensuring that such
officers are prosecuted. The Executive and Attorney General's inaction in cases of police
brutality and human rights breaches, on the other hand, raises major doubts about their
commitment to police reform. This is due to the fact that some police personnel appear to operate
beyond the law with the approval of the Executive.34

In an effort to reduce police brutality, governments have purported to create some sort of police
accountability mechanisms over the years, primarily in the form of creating oversight authorities
to keep an eagle's eye on the officers' actions and ensure they are brought to justice when they
slip. The Independent Policing Oversight Authority (IPOA), which has been in operation for the
past nine years, is one such agency. Despite all of the hype and optimism surrounding its
founding, the IPOA has been unable to ensure police accountability in Kenya. Despite hundreds
31
Auerbach, Joshua N.. “Police accountability in Kenya.” African Human Rights Law Journal 3 (2003) pg 275-313.
32
Al Jazeera. (2021, April 15). Kenya: Four police officers acquitted of murdering baby Pendo. Al Jazeera.
https://www.aljazeera.com/news/2021/4/15/kenya-four-police-officers-acquitted-of-murdering-baby-pendo
(accessed 5/5/2023)
33
R v. David Maina Ngetich & 3 Others Criminal Case No. 1214 of 2017.
34
Kimwele, Benjamin Muthyotuku and Gabruel Nyabuto. “Effectiveness of Independent Policing Oversight
Authority in Enhancing Police Performance in Starehe, Nairobi County, Kenya.” International Journal of Scientific
and Research Publications (IJSRP) (2022).

11
of cases and allegations of police violence in the country, the organization has only obtained a
handful of convictions since its existence.35

2.2 Inadequate legal and institutional frameworks

Kenya's current legislative framework for dealing with police impunity has been criticized as
being inadequate and ineffective. The major laws controlling the police force in Kenya are the
Police Act and the National Police Service Act, yet they do not give appropriate direction on the
use of force and guns by the police. The laws also lack specific procedures for investigating and
prosecuting law enforcement employees who commit crimes. As a result, police officers who
engage in brutality and human rights crimes face little responsibility and impunity. Kenyan
police reform has been gradual, and efforts to evaluate the reform process have been minimal. 36

For example, although the National Police Service Act37 provides standards for police use of
force, the lack of specific definitions for important phrases such as "necessary," "proportionate,"
and "public safety" can lead to varying interpretations and applications of the law. This is not a
one-country problem; comparable issues have been noticed in nations such as Russia and South
Africa.38

The lack of cooperation between Kenyan police and other institutions responsible for addressing
police brutality, such as the Kenyan judiciary, makes holding police officials accountable
difficult. When the judiciary attempts to investigate allegations of police brutality, it frequently
encounters opposition from the police, diminishing the effectiveness of efforts to solve this issue.
This lack of collaboration can be associated with Kenya's deeply ingrained culture of police
violence, as well as the ineffectiveness of oversight bodies such as the Independent Policing
Oversight Authority (IPOA). 39

35
Ometo, Bryson. “Improving Police Accountabilty in Kenya: Curing the Shortcomings of the IPOA in Bringing an
End to Police Brutality in the Country.” (2020).
36
Karanja, Mary N. “An appraisal of police reform under the new legal framework in Kenya: towards an effective
policing policy.” (2012).
37
Sections 61(2) National Police Service Act 2011.
38
Nikulenko, Andrei and Maksim Smirnov. “Problems of legal assessment of harm caused by police Officers, the
Russian Guard, military personnel of the Federal Security Service of Russia and the Armed Forces of the Russian
Federation during a counter-terrorism operation.” Vestnik of the St. Petersburg University of the Ministry of Internal
Affairs of Russia (2023).
39
Ometo, Bryson. “Improving Police Accountability in Kenya: Curing the Shortcomings of the IPOA in Bringing an
End to Police Brutality in the Country.” (2020).

12
2.3 Lack of political will to implement reforms
A lack of political will is one of the key obstacles that legal and institutional frameworks face in
curbing police brutality in Kenya. This lack of political will is frequently reflected in the
government's unwillingness to establish and execute laws that would effectively limit police
brutality. Police brutality has a long history in Kenya, and despite the establishment of oversight
bodies such as the Independent Policing Oversight Authority (IPOA), the problem remains.40

Kenya's National Police Service has been accused of inefficiency, in part due to a lack of
effective checks and balances. Despite the fact that checks and balances are supposed to prevent
the consolidation of extreme power and ensure better policies, the IPOA has not been effective in
carrying out its oversight functions in accordance with its mandate. This ineffectiveness can be
linked to a lack of political will to enact required legislation and make police officers
accountable for their conduct.41

Human Rights Watch (HRW) an international human rights organization that performs human
rights research and advocacy on a global scale published a report titled "High Stakes: Political
Violence and the 2017 Elections in Kenya," which chronicled incidences of police abuse and
extrajudicial executions during the 2017 elections. According to the report, the Kenyan
government should establish an independent police oversight body with the capacity and
resources to investigate and hold police officers accountable for violations. This recommendation
sought to address the systemic concerns that have resulted in violence and human rights
violations in Kenya during election seasons.42 The government has however failed to enact such
reforms.

Kenya's government's unwillingness to adopt significant reforms demonstrates a lack of political

will to address police abuse. Despite the country's lengthy history of police violence, the
administration has failed to address the core causes of the problem. One such example is the
police force's failure to improve training, promote accountability, and minimize corruption. 43

40
Ibid
41
Ibid
42
Johnson, Kirsten et al. “A national population-based assessment of 2007-2008 election-related violence in
Kenya.” Conflict and health vol. 8,1 2. 18 Jan. 2014, doi:10.1186/1752-1505-8-2
43
Ometo, Bryson. “Improving Police Accountabilty in Kenya: Curing the Shortcomings of the IPOA in Bringing an
End to Police Brutality in the Country.” (2020).

13
The development of community-oriented policing (COP) in Kenya has also been hampered by
competing interests and a lack of political will, with two contradictory national COP policies
emerging, with the latter focusing more on information flow than democratization and police
reform 4. As a result, COP in Kenya has become more of an instrument for surveillance than a
tool for protecting the citizenry.44

The government's failure to adopt genuine reforms, improve police training, promote
accountability, and eliminate corruption within the police force demonstrates Kenya's lack of
political will to address police brutality. Powerful interests that benefit from the existing quo
continue to oppose reforms, sustaining the country's culture of police brutality and human rights
breaches.

2.4 Inadequate training and capacity building for police officers

One of the primary difficulties confronting Kenya's legislative and institutional frameworks for
inhibiting police brutality is insufficient training and capacity building for police officers. Due to
a lack of training and capacity building, police officers are ill-equipped to deal with the
complexities of their job, which has resulted in an increase in reports of police brutality. 45

Inadequate police officer training and capacity building has also resulted in a lack of
professionalism among the force. Crime has become more complex as technology has improved.
The police force requires ongoing and appropriate training to successfully deal with and respond
to contemporary criminal activity. There is also a need to provide the police with technologically
advanced methods of combating crime, such as the use of satellite monitoring to track criminals,
among other things. Many policemen lack the expertise required to investigate crimes, handle
evidence, and conduct interrogations. As a result, there have been a large number of wrongful
arrests and convictions, further eroding public trust in the police department.46

2.5 Corruption and impunity

Corruption and impunity pose significant challenges facing Kenya's legal and institutional
systems for preventing misconduct by police. These flaws have fostered a culture of impunity

44
Ibid
45
Ometo, Bryson. “Improving Police Accountabilty in Kenya: Curing the Shortcomings of the IPOA in Bringing an
End to Police Brutality in the Country.” (2020).
46
Seth H. O. Ojienda, “Reform of The Kenya Police Force: An Assesment of the Efficacy of the Legal Framework
in Delivering the Much Needed Police Reform” 2013.

14
among police personnel, who believe they can break the law without fear of repercussions. As a
result, there have been several examples of police abuse, many of which have gone unpunished.47

Corruption is a widespread problem in Kenya, and the police service is no exception. Many
police officers have been known to accept public bribes in exchange for favors or to ignore
illegal activity. As a result, some officials put self-interest over their professional and ethical
responsibilities.48

The Kenyan police force has a history of corruption that dates back to the colonial era, when the
police protected the colonizers' interests at the expense of the African populace. This historical
background has influenced the level of corruption, irreverence, and incompetence that exists now
within the police force.49

Police personnel have admitted to the prevalence of corruption within their ranks. As a result, the
police are regarded as one of Kenya's most corrupt agencies. However, other officers agree that
corruption is bad and should be eliminated.50

2.6 Lack of public awareness and participation in police reforms

Kenya has witnessed a rise in accounts of police brutality in recent years, resulting in deaths,
injuries, and abuses of human rights. To address this issue, Kenya's government has put in place
a number of legal and institutional structures, including the Independent Policing Oversight
Authority (IPOA). However, one significant difficulty that these frameworks face is a lack of
public understanding and participation in police reforms.51

The majority of Kenyans are unaware of their rights or the legal channels via which they might
report acts of police abuse. Because of this lack of understanding, victims of police violence find
it difficult to seek restitution, contributing to a culture of impunity among law enforcement

47
Helbling, Jürg, Walter Kälin and Prosper Nobirabo. “Access to justice, impunity and legal pluralism in
Kenya.” The Journal of Legal Pluralism and Unofficial Law 47 (2015) pg.347 - 367.
48
Kisipan, S. L. “Police officers’ perceptions of factors contributing to corruption in the police force: a case of
Nakuru County, Kenya.” (2016).
49
Douglas, M, Mildred A. J. Ndeda and Samwel Ong’wen Okuro. “The Role of The Kenya Police Force in South
Nyanza Between the Two World Wars (1914-1945).” Journal of Arts and Humanities 8 (2019) pg 07-18.
50
Kisipan, S. L. “Police officers’ perceptions of factors contributing to corruption in the police force: a case of
Nakuru County, Kenya.” (2016).
51
Ometo, Bryson. “Improving Police Accountability in Kenya: Curing the Shortcomings of the IPOA in Bringing an
End to Police Brutality in the Country.” (2020).

15
agents. Furthermore, the general public's lack of involvement in police reform implies that they
are not actively lobbying for change or keeping law enforcement institutions accountable. 52

A significant element contributing to the lack of public awareness and participation in police
reforms in Kenya is a lack of trust in the government and law enforcement organizations. Many
Kenyans have witnessed police violence directly or know someone who has, undermining trust
in the police and the government's ability to effectively handle the issue.53

Furthermore, community policing measures aimed at increasing confidence between people and
police have not been wholly successful in enhancing trust or decreasing police brutality. This
shows that deeper structural adjustments may be required to strengthen police-community ties. 54

3.0 OPPORTUNITIES OF LEGAL AND INSTITUTIONAL FRAMEWORKS

3.1 Strengthening of legal and institutional frameworks
In 2011, Kenya established the Independent Police Oversight Authority (IPOA) to provide
civilian oversight of the police to increase public trust and confidence in the National Police
Service (NPS). The mandate of the IPOA includes conducting impartial and independent
investigations into complaints against police personnel as well as monitoring the NPS to prevent
impunity and improve professionalism. However, because to limited powers and non-
cooperation from the NPS and the Office of the Director of Public Prosecutions (ODPP), the
IPOA confronts difficulties in carrying out its tasks.55

To strengthen the authority's capabilities, independence, and resources, it is critical to provide it

more control over the police, allowing them to carry out their duties to the fullest. This include
giving the IPOA the authority to recommend disciplinary action, criminal charges, and police
force changes based on its findings. Furthermore, creating clear procedures for implementing
IPOA recommendations and ensuring their timely execution would increase the authority's
efficacy.56

52
Ibid
53
Mwangi, Erick M., Eric Kiprono Bor and Samwel A. Kinaro. “Influence of Trust for the Police in Gilgil Ward on
Reporting of Property Crime by Victims in Gilgil Ward, Nakuru County, Kenya.” European Journal of Humanities
and Social Sciences (2022).
54
Blair, Graeme et al. “Community policing does not build citizen trust in police or reduce crime in the Global
South.” Science (New York, N.Y.) vol. 374,6571 (2021): eabd3446. doi:10.1126/science. abd3446
55
Kerubo, Laura Ongoto. “A Case for vesting the independent policing and oversight authority with proprietorial
functions.” (2018).

16
The existence of an IPOA has been proven to improve police effectiveness by making officers
accountable for their actions. However, in order to increase the effectiveness of IPOA in
improving police performance, it is critical to focus on tactics that create accountability among
NPS police officers. This might include refocusing the complaints system on mediation between
cops and residents, as well as a focus on organizational accountability.57

The Kenyan Police Act has been amended numerous times, most recently in 2014 by the
National Police Service (Amendment) Act. Some of these changes, however, have reduced
independent oversight systems while strengthening executive influence over the police.
The Kenya Police Service is defined in the National Police Service Act of 201158, as is the law
governing police use of force. To review and amend the Kenyan Police Act in order to clearly
define and prohibit excessive use of force, torture, and other forms of police misconduct, to
specify the circumstances under which force can be used by the police, ensuring that it is only
used as a last resort and proportionate to the situation, and to establish clear mechanisms for
reporting, investigating, and prosecuting cases of police misconduct, including provisions for the
protection of citizens.

The Criminal Procedure Code (Amendment) Bill, 2020 proposed amending Section 36 of the
Criminal Procedure Code to handle the detention of those arrested without a warrant for crimes
other than murder, treason, robbery with violence, and other connected offenses. There is,
however, no mention of police violence cases. 59The abuse and misuse of policing power has
been most visible not only during arrests, but it has also occurred when police are called in to
quell protests or mediate conflicts. Police personnel must be held accountable for their acts, and
accountability institutions must do more to share information with the public.

The Criminal Procedure Code60 is an already enacted statute that regulates the Criminal
Procedure Code. It does not, however, address accounts of police brutality. As a consequence,

56
Kimwele, Benjamin Muthyotuku and Gabruel Nyabuto. “Effectiveness of Independent Policing Oversight
Authority in Enhancing Police Performance in Starehe, Nairobi County, Kenya.” International Journal of Scientific
and Research Publications (IJSRP) (2022).
57
Holmberg, Lars. “In service of the truth? An evaluation of the Danish Independent Police Complaints
Authority.” European Journal of Criminology 16 (2019) pg. 592 - 611.
58
National Police Service Act 2011
59
Douglas Lucas,’Kenya has tried to reform its police force, but it’s left gaps for abuse’ 2022. Available at
https://theconversation.com/kenya-has-tried-to-reform-its-police-force-but-its-left-gaps-for-abuse-176044
60
Criminal Procedure Code CAP. 75 Laws of Kenya.

17
there is a need to change Kenya's Criminal Procedure Code to speed the handling of cases
involving police abuse, ensuring swift and impartial trials. Strengthening bail and pretrial
detention rules can help to prevent police officers from using their authority to intimidate or
harass people.

3.2 Promotion of community policing and partnerships

In Kenya, community policing has showed promise in reducing police violence. This technique
entails forming neighborhood watch organizations and encouraging police and community
cooperation. However, addressing the aforementioned problems is critical to ensuring the
effectiveness of community policing initiatives.61

A possible approach is to promote police transparency and accountability, which can be

accomplished by frequent performance assessments, public reporting of police actions, and
independent oversight organizations. Furthermore, improving collaborations between law
enforcement agencies and people will help identify the core causes of police brutality. This can
be accomplished through collaborative efforts, community meetings, and information-sharing
platforms.62

3.3 Training and Capacity Building

Emphasizing human rights, conflict resolution, communication skills, and non-violent methods is
crucial for enhancing Kenyan police training programs. Police personnel will be better prepared
to deal with situations involving various ethnic, racial, and marginalized groups by integrating
modules on cultural sensitivity and diversity.63

Additionally, it is possible to employ a human rights-based approach to police training, using

recruits' perspectives on the police's role in balancing rights to better comprehend the law as it is.
This strategy can support the development of critical thinking, which is a key goal of police
advancement initiatives.64

61
Diphoorn, Tessa and Naomi van Stapele. “What Is Community Policing? Divergent Agendas, Practices, and
Experiences of Transforming the Police in Kenya.” Policing: A Journal of Policy and Practice (2020).
62
Kiprono, Wilson and Muchemi Joyce Karungari. “Peace Building Challenges in Kenya Implementation of
Community Policing as a critical factor.” (2016).
63
Gusiev, Andrii and Zemfira Kondur. “The use of Multidisciplinary approach to Deconstruction of Stereotypes as a
Component of Training Programs aimed at Establishing Cooperation between National Police Officers and
Roma.” Scientific Studios on Social and Political Psychology 49 (2022) pg. 56 - 71.
64
Ibid

18
Additionally, it is critical to assess and update police officer professional development programs
to make sure they are focused on developing the officers' professional personalities. This
includes acquiring the character traits, abilities, and knowledge required for contemporary law
enforcement.65

Finally, learning from past experiences can be a good way to understand the significance of
substantive reforms in assuring the protection of human rights. One example is the period
between 1978 and 2002 in Kenya, which was characterized by few police reforms but increased
human rights violations.66

In conclusion, a thorough approach to enhancing Kenyan police training programs should

incorporate a multidisciplinary strategy to dispel stereotypes, a human rights-based approach to
instruction, updating professional training programs, and drawing lessons from the past to
guarantee the protection of human rights and efficient policing.

4 Conclusion
The study of police brutality in Kenya and the critical evaluation of the institutional and legal
frameworks that surround it point up important shortcomings and problems that urgently need to
be addressed. The findings emphasize the need for thorough reforms to address the underlying
problems that underlie the country's continued use of excessive force by police.

The study shows how inadequate the current institutional and legal frameworks are at protecting
individual rights and holding those responsible for acts of police brutality accountable. A culture
of impunity exists among law enforcement agencies as a result of inadequate oversight
procedures, scant public disclosure, and an absence of effective disciplinary measures.
Insufficient funding and inadequate training are other obstacles to the advancement of
professional and moral policing techniques.

Dr. Martin Luther King Jr. said it best: "Injustice anywhere is a threat to justice everywhere."
Kenya's police brutality problem is not only a local issue; it also reflects larger societal issues
with governance, human rights, and the rule of law. To address these issues, it is essential that all

65
Seleznev, Vladimir Igorevich. “Training of police officers in Russia: review of the 2010 - 2020 professional
training programs.” Полицейская деятельность (2022).
66
Ibid

19
parties involved including the government, civil society organizations, and international partners
work together.

Bibliography
Articles

Maurice Oniang'o, ‘Nine steps to better coverage of police brutality in Nairobi – and beyond,’
2022. Available at https://reutersinstitute.politics.ox.ac.uk/nine-steps-better-coverage-police-
brutality-nairobi-and-beyond

Anna Janson, ‘Police Brutality, Colonialism, and Coronavirus in Kenya’ AFRICA, HUMAN
RIGHTS, WORLD MIND ISSUE 6.2, 2022. Available at
https://www.theworldmind.org/home/2020/12/18/police-brutality-colonialism-and-coronavirus-
in-kenya

Wangui Kimari, ‘Kenya’s police are violent, unaccountable and make most citizens feel less safe
– should they be abolished?’ 2023. Available at https://theconversation.com/kenyas-police-are-
violent-unaccountable-and-make-most-citizens-feel-less-safe-should-they-be-abolished-201677

Njiri, Nelson Mugweru, Susan Mwangi, and Joseph Wasonga. "Human Rights Violations: An
Impetus for Police Reforms in Kenya between 1978 and 2002." JL Pol'y & Globalization 103
(2020).

Khan Fatima, “Nhris and the Challenges of Independence in a Kenyan Context.” (2012).

Ometo, Bryson. “Improving Police Accountability in Kenya: Curing the Shortcomings of the
IPOA in Bringing an End to Police Brutality in the Country.” (2020).

Odongo Godfrey O. “The post-2010 jurisprudence on children's rights under the Kenyan
Constitution.” African Human Rights Law Journal (2023).

Kerubo Laura Ongoto. “A Case for vesting the independent policing and oversight authority with
proprietorial functions.” (2018)

20
Kibaara Julius Kanampiu and Kennedy Onkware. “CHALLENGES FACED BY KENYA
NATIONAL POLICE SERVICE IN CONFLICT MANAGEMENT IN GARISSA AND
BARINGO COUNTIES, KENYA.” (2018)

Burbidge, Dominic. “Emerging diversity in security practices in Kenya’s devolved constitution.”

Conflict Trends 2017 (2017) pg. 34-42

Ometo Bryson. “Improving Police Accountabilty in Kenya: Curing the Shortcomings of the
IPOA in Bringing an End to Police Brutality in the Country.” (2020)

Karanja Mary N. “An appraisal of police reform under the new legal framework in Kenya:
towards an effective policing policy.” (2012).

Nikulenko, Andrei and Maksim Smirnov. “Problems of legal assessment of harm caused by
police Officers, the Russian Guard, military personnel of the Federal Security Service of Russia
and the Armed Forces of the Russian Federation during a counter-terrorism operation.” Vestnik
of the St. Petersburg University of the Ministry of Internal Affairs of Russia (2023).

Seth H. O. Ojienda, “Reform of The Kenya Police Force: An Assesment of the Efficacy of the
Legal Framework in Delivering the Much Needed Police Reform” 2013.

Kisipan S. L. “Police officers’ perceptions of factors contributing to corruption in the police

force: a case of Nakuru County, Kenya.” (2016).

Kerubo Laura Ongoto. “A Case for vesting the independent policing and oversight authority with
proprietorial functions.” (2018).

Kiprono Wilson and Muchemi Joyce Karungari. “Peace Building Challenges in Kenya
Implementation of Community Policing as a critical factor.” (2016).

21
Internet Sources

Douglas Lucas,’Kenya has tried to reform its police force, but it’s left gaps for abuse’ 2022.
Available at https://theconversation.com/kenya-has-tried-to-reform-its-police-force-but-its-left-
gaps-for-abuse-176044

Al Jazeera. (2021, April 15). Kenya: Four police officers acquitted of murdering baby Pendo. Al
Jazeera. https://www.aljazeera.com/news/2021/4/15/kenya-four-police-officers-acquitted-of-
murdering-baby-pendo (accessed 5/5/2023)

Douglas Lucas,’Kenya has tried to reform its police force, but it’s left gaps for abuse’ 2022.
Available at https://theconversation.com/kenya-has-tried-to-reform-its-police-force-but-its-left-
gaps-for-abuse-176044

Case law

Republic v Fredrick Ole Leliman & 4 others [2016] eKLR

R v. David Maina Ngetich & 3 Others Criminal Case No. 1214 of 2017.

Kenyan Law

Constitution of Kenya, 2010.

National Police Service Act No. 11 of 2011 Laws of Kenya.

The Independent Policing Oversight Authority Act, Cap 88 Laws of Kenya.

Criminal Procedure Code CAP. 75 Laws of Kenya.

Journals

Carotenuto, Matthew, and Brett Shadle. “Introduction: Toward a History of Violence in Colonial
Kenya.” The International Journal of African Historical Studies, vol. 45, no. 1, 2012, pp. 1–7.
JSTOR, Available at http://www.jstor.org/stable/23267168.

22
Kimwele, Benjamin Muthyotuku and Gabruel Nyabuto. “Effectiveness Of Independent Policing
Oversight Authority In Enhancing Police Performance In Starehe, Nairobi County, Kenya.”
International Journal of Scientific and Research Publications (IJSRP) (2022).

Auerbach Joshua N,“Police accountability in Kenya.” African Human Rights Law Journal 3
(2003) pg 275-313.

Kimwele Benjamin Muthyotuku and Gabruel Nyabuto. “Effectiveness of Independent Policing

Oversight Authority in Enhancing Police Performance in Starehe, Nairobi County, Kenya.”
International Journal of Scientific and Research Publications (IJSRP) (2022).

Johnson, Kirsten et al. “A national population-based assessment of 2007-2008 election-related

violence in Kenya.” Conflict and health vol. 8,1 2. 18 Jan. 2014, doi:10.1186/1752-1505-8-2.

Helbling, Jürg, Walter Kälin and Prosper Nobirabo. “Access to justice, impunity and legal
pluralism in Kenya.” The Journal of Legal Pluralism and Unofficial Law 47 (2015) pg.347 - 367.

Douglas M., Mildred A. J. Ndeda and Samwel Ong’wen Okuro. “The Role of The Kenya Police
Force in South Nyanza Between the Two World Wars (1914-1945).” Journal of Arts and
Humanities 8 (2019) pg 07-18

Mwangi Erick M., Eric Kiprono Bor and Samwel A. Kinaro. “Influence of Trust for the Police in
Gilgil Ward on Reporting of Property Crime by Victims in Gilgil Ward, Nakuru County,
Kenya.” European Journal of Humanities and Social Sciences (2022).

Blair Graeme et al. “Community policing does not build citizen trust in police or reduce crime in
the Global South.” Science (New York, N.Y.) vol. 374,6571 (2021): eabd3446.
doi:10.1126/science. abd3446

Kimwele Benjamin Muthyotuku and Gabruel Nyabuto. “Effectiveness of Independent Policing

Oversight Authority in Enhancing Police Performance in Starehe, Nairobi County, Kenya.”
International Journal of Scientific and Research Publications (IJSRP) (2022).

Holmberg Lars,“In service of the truth? An evaluation of the Danish Independent Police
Complaints Authority.” European Journal of Criminology 16 (2019) pg. 592 - 611.

23
Diphoorn Tessa and Naomi van Stapele. “What Is Community Policing? Divergent Agendas,
Practices, and Experiences of Transforming the Police in Kenya.” Policing: A Journal of Policy
and Practice (2020).

Gusiev, Andrii and Zemfira Kondur. “The use of Multidisciplinary approach to Deconstruction
of Stereotypes as a Component of Training Programs aimed at Establishing Cooperation between
National Police Officers and Roma.” Scientific Studios on Social and Political Psychology 49
(2022) pg. 56 - 71.

24