IPOA launches probe into police conduct during demos

NPS standing orders requires a police officer to always attempt to use non-violent means first.

In Summary
  • This is after some people were shot dead and over 30 others injured during anti-government protests held on July 19, 2023.
  • The reported cases included deaths from gunshots, injuries to civilians and police, assault of journalists and arrests of civilians.
Ipoa chairperson Anne Makori.
Ipoa chairperson Anne Makori.
Image: FILE

The Independent Policing Oversight Authority Act (IPOA) has reassured Kenyans that it is conducting investigations on police officers' use of force during protests.

This is after some people were shot dead and over 30 others injured during anti-government protests held on July 19, 2023.

The reported cases included deaths from gunshots, injuries to civilians and police, assault of journalists and arrests of civilians.

In a statement released on Saturday, IPOA Chairperson Anne Makori said the Authority is analysing the events that may have obstructed police in executing its core function of protecting life and property.

"Our investigations will take into account the fundamental rights and freedoms of all the individuals concerned, including members of the Police Service, in accordance with Chapter Four of the Constitution, and as dictated by Section 24 of the IPOA Act," Makori said.

She also condemned the acts of lawlessness by some members of the public adding that the acts sadly culminated in the loss of property and injuries to a number of police officers.

"As the NPS strives to contain instances of unlawfulness as mandated by the law, the Authority recommends the use of proportionate force as outlined in the Sixth Schedule of the National Police Service (NPS) Act," Makori said.

She further said the Authority will release a consolidated report with findings on the conduct of police during the demonstrations.

"IPOA will release a consolidated report with findings and recommendations to various agencies including the Office of the Director of Public Prosecution and the National Police Service," Makori said.

"This is specific to the wholesome conduct and operational efficiency of the NPS in the execution of its mandate."

She added that the arising individual investigations will take their own course to conclusion.

According to the NPS Act and service standing orders, a police officer should always attempt to use non-violent means first.

In addition, the force used 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 is a criminal offence," reads the act.

They further said that a police officer who uses any form of force shall immediately, report to his or her superior.

"Any use of force that leads to death, serious injury and other grave consequences shall be reported immediately to the Independent Policing Oversight Authority," reads the act.

It adds that it shall be a disciplinary offence for a police officer to fail to report in accordance with the regulations.

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