CURFEW ACCOUNTABILITY

Police fear personal responsibility for curfew brutality

Police stop brutality, citizens generally hurry home on time

In Summary
  • Ipoa says it has scaled-up vigilance to nab rogue officers using excessive force.
  • Police spokesman Charles Owino had justified the use of force to enforce curfew in Mombasa, saying police had the right to use batons if provoked, also blamed unruly public.  
Police use force on Likoni residents trying to rush home and breaking ferry queues.
VIOLENCE: Police use force on Likoni residents trying to rush home and breaking ferry queues.
Image: FILE:

Police officers enforcing the curfew order probably behaved with restraint following strong warnings that they would take personal responsibility for brutality.

Many were captured on film in acts of abuse on non-resisting civilians.

On Friday, there were ugly scenes across the country as officers brutalised Kenyans who were rushing home after the curfew deadline. Some were attacked before the 7pm curfew.

Police spokesman Charles Owino had justified the use of force to enforce curfew in Mombasa, saying police had the right to use batons if provoked. He blamed an unruly public.

But on Saturday, the second day into the curfew, officers responded with restraint after a huge public outcry and warning by Deputy President William Ruto. 

Residents too overwhelmingly observed the curfew, adjusted their schedules and were not caught on the wrong side of the law. They gave police no excuse to use excessive force.

The Independent Policing Oversight Authority, the Law Society of Kenya and several human rights groups warned that officers bear individual responsibility for their actions.

"As you can see, it is not all about orders. It is also about being held to account," said an officer commanding a  police station within Nairobi area.

The officer, who sought anonymity, said his jurisdiction did not witness any brutality on Saturday because officers had been properly briefed on what was expected of them.

"Initially, there were mishaps. That has been corrected and commands harmonised," the officer said, adding that county police commanders had also scaled up supervision.

Yesterday Amnesty Internal executive director Houghton Irungu said police must act with civility and respect human rights during this curfew period.

Officers found violating police service standing orders and human rights must be held to account, he said.

“Police officers out there must be cognizant of the fact that their first call is to respect human rights at all levels even when enforcing the law,” he told the Star.

On Sunday, Ipoa chairperson Anne Makori said members of the public have a duty to observe the curfew hours as directed by the state.

She said Ipoa expects the National Police Service to execute its duties strictly in compliance with the law.

“If required, the use of force is to be exercised only to the extent that is necessary,” she told the Star. The civilian oversight authority, established by an act of Parliament, will remain vigilant against any police brutality, Makori said.

The Ipoa boss asked police to report any deaths during the curfew period caused by the service, warning that failure to make such a notice to the agency amounts to a crime.

“Force shall be proportionate. Death and serious injury shall be reported immediately to Ipoa. Failure to report by police is an offence,” she said.

On Saturday, Kenya Tuitakayo Movement KTM), a consortium of lobby groups, urged that Interior CS Fred Matiang'i and his Health counterpart Mutahi Kagwe be held responsible for police brutality.

Human rights lobby groups included the Defenders Coalition, the Kenya Human Rights Commission, the Law Society of Kenya, Mombasa Law Society, KNCHR, and the Police Reforms Working Group.

(Edited by V. Graham)

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