• "If it's what we call a hot pursuit suspect who has stabbed someone and the incident is still fresh, such a person should be killed," he said.
• The shocking remarks come at a time the country is trying to address past cases of extrajudicial killings involving police officers.
Image: FILE
A shocking video has surfaced where a senior police officer is advising citizens to lynch murder suspects.
The officer whose identity could not be immediately established by the time of this publication is heard telling a public forum in the undated video that the law allows the public to lynch notorious suspects.
"Kama mtu si peaceful, you assault that person as you wait for the police," he said to a loud applause from the audience.
"Kama mtu amefanya kitendo tunasema hot pursuit, amedunga mtu, bado the incident is still fresh huyo mtu auwawe," he added.
(If it's what we call a hot pursuit suspect who has stabbed someone and the incident is still fresh, such a person should be killed)
The officer who said he is an OCS at a station named Bondeni went on to explain that such actions are permitted by law.
"Article 24 of this Constitution says certain rights can be limited and right to life is one right which can be limited," he said.
Article 24 says, "A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom."
Clause three of the article adds, "The State or a person seeking to justify a particular limitation shall demonstrate to the court, tribunal or other authority that the requirements of this Article have been satisfied".
In leveraging his arguments on the said law, obviously in an outright misinterpretation of its application, the officer said that if three percent of people in a given population is responsible for causing havoc in society, the portion of the troublesome population should be eliminated to save the remaining 97 per cent of the population.
"Hatuwezi allow few individuals ambao ni wakorofi waendelee kudisturb watu wengi in the society, that one is not protected in the law," he said to a much louder applause.
The shocking remarks come at a time the country is trying to address past cases of extrajudicial killings involving police officers.
Nine officers of the disbanded Special Services Unit of the Directorate of Criminal Investigations are facing prosecution over the abduction and alleged execution of people.
The officer, clad in full police uniform, challenged the audience to disapprove of what he was saying by quoting the section of the Constitution which criminalises killing.
"Article 24, the limitation clause (and) Article 51 of the UN Charter inasema ya kwamba mtu akicommit crime, hapa ameua mtu anafuatwa under hot pursuit pia auawe. It is there," he emphasised.
The officer's sentiments are, however, in contravention of Article 25 of the Constitution on fundamental rights and freedoms that may not be limited.
It states thus:
"Despite any other provision in this Constitution, the following rights and fundamental freedoms shall not be limited; freedom from torture and cruel, inhuman or degrading treatment or punishment; freedom from slavery or servitude; the right to a fair trial; and the right to an order of habeas corpus."
Habeas corpus is a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.