Police officers in the country are increasingly finding themselves in a tight corner on how to deal with violent protesters amidst constant scrutiny by the oversight authority and human rights defenders.
The latest incidences of demonstration that saw goons infiltrate the protests and unleash terror on businesses and public properties have left law enforcers battling an unusual dilemma – act and risk the Independent Policing Oversight Authority’s wrath or hold back and give goons a field day.
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During the first anniversary of Gen Zs killed during last year’s anti-tax protests, several officers retreated as crowds surged, fearing backlash for use of their ammunition.
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In the process, criminals took over ransacking major towns, looting supermarkets and vandalising government properties, including police stations.
Huge losses were recorded in Nairobi, Kiambu, Nyeri, Ol Kalou, Nakuru and Machakos counties.
Observers are now warning that the country risks going to the dogs if the police fail to tame the now emboldened criminals.
On Thursday, Interior Cabinet Secretary Kipchumba Murkomen told police to shoot criminals threatening to storm police stations.
“We have instructed police that anyone who attempts to storm a police station to steal firearms should be dealt with,” Murkomen said.
According to the CS, the current situation cannot be entertained.
The directive by Murkomen was, however, quickly dismissed by the Law Society of Kenya, terming it illegal.
LSK chairperson Faith Odhiambo warned police officers to disregard the directive arguing that as an independent service, police should not take orders from a Cabinet Secretary.
“Any officer found to be engaging in such criminal conduct will be prosecuted in their individual capacity, and the blame to the extent of which command responsibility can be discerned will fall at the feet of the Inspector General,” Odhiambo warned.
The LSK boss, however, acknowledged the law allows law enforcers to use lethal force in extraordinary circumstances where there is a threat to the life of an officer or a member of the public.
But according to South Mugirango MP Silvanus Osoro, it is high time the police officers are insulated from the decisions they make in the process of dealing with violent protesters.
“We need to review the laws governing the police. We must find a way to protect our officers from the anarchy that is emerging across the country,” Osoro, who doubles as the National Assembly’s chief whip said.
In recent months, Ipoa has been cracking down on individual police officers, something that has seen officers operating at arm’s length.
Apart from the vandalism, some protesters were filmed physically assaulting restrained officers and walking scot-free.
Leaders have now come out to warn the current situation is a big danger to the country and that which might plunge the country into a crisis.
Migori Woman Representative Fatuma Mohammed warned that unless the police are given a freehand to deal with the criminals, the country will join the list of failed states where gangs control the streets.
According to Fatuma, had police been allowed to operate freely, the level of damage to properties and businesses would have been reduced.
“I want to ask the President to allow the police to do their job. Police should not be intimidated, let them do their work,” Fatuma said.
Narok West MP Gabriel Tongoyo said it is time Parliament has a relook at the country’s laws with a view to making the country more secure.
The National Assembly’s Administration and Security chairman lauded the police for the commitment so far, even as he vowed that the lawlessness cannot be entertained going forward.
“They raided the Kikuyu police station and made away with a box full of bullets. What were they planning? It appears they want to overturn a legitimately elected government,” Tongoyo said.
“We need to have a candid conversation and come to our senses to protect this country. It is also time to review our security laws.”
Kimilili MP Didmus Barasa told the Star that Ipoa has proved to be an impediment to enforcing law and order.
He threatened to sponsor radical changes to the law to scrap the authority, which he noted has made the work of police officers difficult through incessant intimidation in the name of oversight.
The lawmaker said the authority has failed in its mandate and instead resorted to making the work of the police difficult.
Barasa also said his proposed legislation will give the security officers powers to use reasonable force in the line of duty.
According to Barasa, the authority in its current format, only serves to instill fear within the National Police Service.
“I have set up a team in my office looking at all this proposal. The amendments will be out soon,” Barasa said.
“I will propose to disband Ipoa or reduce them to how Parliamentary committees handle petitions.”
The UDA MP accused the authority of demonising the police and frustrating their work especially in managing chaotic situations.
Faulting the recent arrest of police officers in the murder of X influencer Albert Ojwang’, Barasa argued that all professionals including doctors, judges and journalists err in the line of duty but only police are publicly condemned.
“When judges and magistrates make mistakes, they say the learned bench has erred. When a police officer makes mistakes same officer is arrested and prosecuted,” Barasa said.
“I have decided to come and defend our uniformed officers who are doing a bigger role. Ipoa is overstepping its mandate.”
Barasa also insisted that it is wrong for the public to continue pushing for the resignation of Deputy Inspector General Eliud Lagat whom he noted made a complaint procedurally.
“There is no relationship between the DIG and police stations; he followed the rule of law,” he said.
The lawmaker also warned demonstrators from provoking police officers during protests citing a case where a female activist was filmed trying to unmask an officer deployed during last week’s picketing.
“There is a reason why police officers deployed to protect the lives and properties are given guns and not buttons, ” Barasa said.
Prime Cabinet Secretary and CS for Foreign and Diaspora Affairs Musalia Mudavadi also defended police action in response to foreign missions over police violence on peaceful protesters.
Mudavadi commended the security forces for what he termed as their professionalism and restraint in the face of extreme provocation.
“Their actions prevented further escalation and we appreciate their dedication to maintaining law and order under challenging circumstances,” he said.
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