EXPLAINER: How to file a police brutality complaint in Kenya — A step-by-step guide for citizens

Incidents of police brutality have increased, with the courts and the Independent Policing Oversight Authority (Ipoa) currently dealing with at least ten such cases.

So, in the case that you find yourself in a situation where you are facing police brutality, here is what to do:

Know your rights

It is important to note that the Constitution of Kenya 2010 guarantees protection of your life.

Article 26 guarantees the right to life and human dignity. This provision obliges the state and its agents to respect and protect every person’s life, ensuring that no individual is deprived of life arbitrarily.

Further, other laws highlight the conduct of the police and in the case that they violate their mandates, Ipoa is empowered to help bring them into accountability.

The National Police Service Act, 2011, Section 41 states that police officers may use force and firearms only to the extent necessary and strictly within the confines of the law.

The Ipoa Act, 2011; Section 4, provides that the Authority is mandated to receive, investigate, and report on complaints of police misconduct.

Collect evidence and document

If you have been subjected to police brutality and survived the ordeal, be sure to collect and document any available evidence.

It can be photos, videos, witnesses or even a P3 form—a legal document that is produced in court as evidence in cases that involve bodily harm.

Ipoa’s Regulation 12 outlines the form and content of complaints and mandates you to include the date, time and place of the occurrence and the nature and extent of sustained injuries.

You can also get the contact information of your witnesses.

File complaint with the Ipoa and human rights agency

Regulations 12 of the Ipoa, Part II, gives the procedure of how to file a complaint and how the same is handled.

You can file your complaint to the Authority against the Service or a member of the Service either orally, in writing, electronically, by sign language or by Braille.

According to IPOA, you will be required to complete a form detailing the specifics of the complaint, any documentary evidence, and your contact details.

Ensure that you give all the details you can remember about the officer, including the name, rank, and station.

Usually, the Authority will prioritise matters of death and serious injuries. Other less serious issues may be forwarded to the Internal Affairs Unit of the National Police Service.

Here is how you can contact IPOA: Online: through IPOA’s complaints form on their website, by phone: toll-free—+254 – +254 792 532 626/627, +254 773 999 000, +254 772 333 000, +254 780 490 600/601.

By email: [email protected], by mail: Nairobi 1^st Ngong Avenue, ACK Garden Annex, P.O. Box 23035–00100, Nairobi, or in person at IPOA regional or head offices.

You should also report the incident to the Kenya National Commission on Human Rights (KNCHR) to ensure that there is a formal record.

Use external avenues and advocacy

You can seek assistance from civil society partnerships and human rights organisations.

Their reports and analytics can feed into IPOA and ODPP databases, enabling cross-referencing and accountability.

Consider legal action

As a victim, you can engage a human rights lawyer and lodge a public interest litigation or a civil suit for damages.

A P3 Form strengthens your case. Section A of the updated P3 form mandates inclusion of date, time, nature of injuries, state of clothing, and it’s recognized in court as primary medical evidence.

You can make a formal complaint to the Office of the Director of Public Prosecutions (ODPP) using any of these channels: a letter to the ODPP House, Ragati Road, Upper Hill or PO Box 30701‑00100, Nairobi, or email [email protected] or [email protected].

You can use the e-complaints portal or call 020 2186786 or 0734 939048.

Be sure to give the date, time, and location of the original incident, OB number or reference number from Ipoa/police; details of what's gone wrong (police delay, intimidation, lost file), how it’s affecting you (lack of prosecutions, threats, charges against you) and what resolution you seek (action, protection, info, reversal).

Monitor progress and protect yourself

Ensure you track case updates using the reference numbers given by Internal Affairs or the IPOA. Remember to be persistent to avoid the delays and inadequate enforcement that have been recurring challenges in past cases.

When dealing with IPOA, you can request confidentiality to avoid retaliation from the officers.

It is also advisable to safely keep the copies of all documents, correspondences, photos/videos, and receipts.

Be realistic and stay safe

Stay safe.

Know your surroundings.

ODPP can coordinate with the Witness Protection Agency—ask for it explicitly if you feel at risk

Oversight bodies often face delays, and retaliation or bribes can occur.

Nonetheless, documenting every step helps if you take legal action later or need to escalate.