- The judgment issued by Justice Anthony Mrima on Friday invalidated paragraphs 1(c), (d) and (e) of Part B of the Sixth Schedule of the National Police Service Act.
- The laws gave police officers sweeping powers on lethal use of firearm beyond protection of their own lives and others.
Image: NPS
High Court invalidated sections of the National Police Service Act hence limiting instances police can use firearms.
The judgment issued by Justice Anthony Mrima on Friday invalidated paragraphs 1(c), (d) and (e) of Part B of the Sixth Schedule of the National Police Service Act.
The laws gave police officers sweeping powers on lethal use of firearm beyond protection of their own lives and others.
The invalidated paragraph 1 (c) talks of protection of life and property through justifiable use of force and paragraph 1(d) on preventing a person charged with a felony from escaping lawful custody.
Paragraph 1 (e) talks of preventing a person who attempts to rescue or rescues a person charged with a felony from lawful custody.
The NPS Act was passed into law in 2011 effectively repealing the previous law.
On July 18, 2013 amendments to the NPSA were proposed in the NPS amendment Bill 2013.
The bill proposed to amend the Sixth schedule to add three new circumstances in which the use of firearms by the police is permissible.
The bill was passed by the National Assembly on April 30, 2014, assented to on June 26, 2014 and published on July 4, 2014.
Katiba Institute and Africa Centre for Open Government filed a constitutional petition in 2017 to challenge the two sections of the law.
The International Justice Mission and Kenya Human Rights Commission were mentioned as interested parties. They challenged the amendments to the Act.
According to the petitioners, the amendments expanded the circumstances in which police can use guns beyond self-defence and protection of another person.
"The amendments allowed officers, for example, to use their weapons to protect property even if there were no risk of serious physical harm to the officer or others," the petition read.
The petitioners said use of firearms when the officer is not at risk is unconstitutional, violates the rights to life, human dignity, freedom and security of the person, and fair hearing.
Inspector General Japhet Koome on Friday however, urged police officers to be steadfast in their duty and shun those who threaten to sue them over their use of firearms.
“Some busybodies are silent about police officers killed in line of duty and only voice reservations when police officers shoot a crime suspect," he said.
Koome said he is behind the officers as they go on with their businesses arguing “Today we are mourning and I do not see them anywhere."