TRAGEDY

15 left dead as police implement curfew directives - Ipoa

In Summary

• According to the statement, the six incidents include two fatalities within Katanin village, Nandi county, the gunning down of a man in Nairobi’s Mathare, the fatal shooting of three family members in Kwale as well as the shooting of a woman at a police roadblock in Emali.

• “Upon conclusion of the investigations and pursuant to Section 6(a) of the Act, the Authority will make recommendations, including prosecution if criminal culpability is established on the part of the police officers involved,” Makori said.

Mombasa residents after the nationwide curfew took effect on Friday, March 27, 2020.
Mombasa residents after the nationwide curfew took effect on Friday, March 27, 2020.
Image: JOHN CHESOLI

Fifteen Kenyans have lost their lives in the hands of police as they implement curfew directives, the Independent Policing Oversight Authority has said.

In a statement on Tuesday, Ipoa said the 15 deaths are among 87 complaints against the police it has received since March 27, when heightened security measures were put in place to combat the spread of Covid-19.

Chairperson Anne Makori said the deaths were directly linked to the dusk-to-dawn curfew.

She said the complaints include deaths, shootings, harassment, assaults resulting in serious injuries, robbery, inhumane treatment and sexual assault.

“After preliminary investigations, 15 deaths and 31 incidents where victims sustained injuries have directly been linked to actions of police officers during the curfew enforcement,” she said.

Makori said all the cases are currently at different stages of investigations.

“Further, the Authority has dispatched Rapid Response teams to establish the circumstances that led to six other fatalities in the latest incidents,” Makori said.

According to the statement, the six incidents include two fatalities within Katanin village, Nandi county, the gunning down of a man in Nairobi’s Mathare, the fatal shooting of three family members in Kwale as well as the shooting of a woman at a police roadblock in Emali.

“Upon conclusion of the investigations and pursuant to Section 6(a) of the Act, the Authority will make recommendations, including prosecution if criminal culpability is established on the part of the police officers involved,” Makori said.

She said the authority maintains that a police officer should always attempt to use non-violent means first.

Makori said if force is to be applied then it should be proportional to the objective to be achieved, the seriousness of the offence, and the resistance of the person against whom it is used.

“When the use of force results in injuries, the police officers present shall provide medical assistance immediately and unless there are good reasons, failing to do so shall be a criminal offence,” she said.

According to the authority, any use of force that leads to death, serious injury and other grave consequences should be reported immediately to Ipoa.

“It shall be a disciplinary offence for a police officer to fail to report in accordance with these regulations. Following the orders of a superior is no excuse for unlawful use of force,” she said.

Health CAS Dr Rashid Aman said it was regrettable that Kenyans had lost lives while implementing the measures.

He said the matter will be investigated and necessary action taken.

“We do not want to see Kenyans suffering as we implement the guidelines. We shall follow up and necessary actions will be taken to that matter,” he said on Tuesday.

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