Authored By: Sonia Wanjoro Mwangi
Mount Kenya University
Introduction.
How many Lives must be lost before police accountability in Kenya becomes a reality rather than a constitutional promise? Kenya has witnessed a surge in public concern over police conduct, particularly in the context of crowd control and public demonstrations.
Incidents involving excessive use of force, extrajudicial killings, and arbitrary arrests have raised urgent questions about the effectiveness of existing accountability mechanisms. Despite a robust constitutional framework that guarantees fundamental rights, violations by law enforcement officers persist, often with limited consequences.
Institutions such as the Independent Policing Oversight Authority (IPOA) and the National Police Service Commission (NPSC) were established to enhance accountability. However, gaps in enforcement, institutional inefficiencies, and systemic challenges have hindered their effectiveness. This has resulted in a disconnect between legal provisions and practical realities.
This article argues that while Kenya has a strong legal and institutional framework for police accountability, persistent human rights violations reveal significant shortcomings in enforcement, oversight, and institutional independence.
This article proceeds by first outlining the legal framework governing police accountability in Kenya, followed by an analysis of relevant case law. It then highlights how regardless of the laws being set out in verbatim and transversed in seriatim there are still injustices to the citizens of Kenya caused by the police.
Legal Framework.
According to Kenya’s 2010 constitution, article 26 guarantees the right to life in, Republic vs Klinzy Baraza Masinde (2026) KEHC 1142 (KLR), where the accused was charged with murder. The accused is a police officer. During the June 2025 protests, the accused shot one Boniface Kariuki while he was amicably, selling masks during the protest.
In addition, article 25 protects individuals from torture, cruelty, inhuman, or degrading treatment, in Prosecutor vs Benson Mputhia & 5 others (2021) KEHC (KLR), two brothers famously known as the Kianjokoma brothers were arrested in August 2021 for violating the Covid 19 curfew. They were then loaded onto the police land cruiser, the police claimed that they jumped off the moving vehicle which resulted to their death. However, the autopsy report showed that they suffered head and ribs injuries which were inflicted by a blunt object.
Article 37 that gives the right for Kenyans to peacefully demonstrate, picket, petition, in Saitabao Ole Kanchory v. Inspector General of Police & Others (2025) KEHC 13792 (KLR). The High Court in Nairobi declared that the police acted unlawfully, unconstitutionally, and excessively by using water cannons, tear gas, live ammunition, and rubber bullets against peaceful protesters.
Moreover, article 31 of the Constitution of Kenya highlights the right to privacy which should be enjoyed by Kenyan citizens in, Leonard Mutua Munyao & another vs Attorney General & another (2014) KEHC 5728 (KLR) the petitioner was shot in the leg by the police in August 2003 during an unauthorized house search in their home while his wife was 37 weeks pregnant at the time.
Article 244 specifically mandates the National Police Service to uphold human rights and fundamental freedoms. The National Police Service Act establishes guidelines for police conduct, including the use of force and firearms. It provides that force must be proportional and used only when necessary.
Additionally, the Independent Policing Oversight Authority Act establishes IPOA to investigate complaints against police officers and recommend prosecutions. This is highlighted, in Independent Policing Oversight Authority vs Attorney General &660 others (2024) KEHC 8356 (KLR), the court held that IPOA’s mandate is to investigate police misconduct, reinforcing the importance of independent oversight.
Despite this comprehensive framework, enforcement remains inconsistent. Legal provisions are often undermined by weak institutional capacity, lack of political will, and interference in investigations.
Critical Evaluation.
The above case laws are just but a few examples of police brutality in Kenya. Not forgetting the abductions that took place during 2024 to 2025, which primarily served the purpose to silence those who were spirited enough to speak up.
According to the Independent Policing Oversight Authority (IPOA) report, in 2024 there were 1,943 police complains. While, in 2025 there were only 5 police complains but 342 civilian injuries, 65 deaths and 1,126 arrests. The protestors were peaceful but that did not spare them from the brutality of the police, they were fought by tear gas, rubber bullets, live bullets and inflicted physical force. When their only defense were face masks to protect them from the tear gas. It is quite clear that their constitutional rights were violated. What wrong did they do to deserve such villainous actions?
Not forgetting the mutilated bodies that were found in Kware Dumpsite, Nairobi which so happens to be strategically close to the Kware police station, one may question the coincidence. Remembering all those who died during the 2024 Gen Z protest as highlighted in the BBC documentary (Blood Parliament) which only highlights 3 of the other peaceful protestors who lost their lives.
Lack of police accountability in Kenya constantly continues to be a problem towards its citizens. Some might say that there are laws and bodies stipulated to protect its citizens. But what good is a law if it is not adhered to?
Conclusion.
This article has demonstrated that while Kenya has a well-developed legal framework for police accountability and human rights protection, significant challenges remain in its implementation. Constitutional provisions, statutory laws, and oversight institutions provide a solid foundation, but their effectiveness is undermined by weak enforcement, institutional limitations, and a persistent culture of impunity.
To address these challenges, several reforms are necessary. First, oversight institutions such as IPOA must be strengthened through increased funding, greater independence, and enhanced enforcement powers. Second, there must be improved coordination between investigative agencies and the prosecution to ensure that cases lead to convictions where appropriate.
Third, the government should set higher educational qualifications for police officers and should permanently scrub off corruption in the police especially during recruitment. So as to recruit qualified, intelligent and morally upright police officers.
In conclusion, achieving meaningful police accountability in Kenya requires more than legal provisions; it demands a commitment to enforcement, institutional integrity, and respect for human rights. Without these, the gap between law and practice will continue to undermine justice and public confidence in the legal system.
Reference(S):
Cases.
Saitabao Ole Kanchory vs Inspector General of Police & Others (2025) KEHC 13792 (KLR) 81
Republic vs Klinzy Baraza Masinde (2026) KEHC 1142 (KLR) 1
Prosecutor vs Benson Mputhia & 5 others (2021) KEHC 2456 (KLR)
Leonard Mutua Munyao & another vs Attorney General & another (2014) KEHC 5728 (KLR) 1(a), (b), (c), (d), 33
Independent Policing Oversight Authority & another vs Attorney General &660 others (2024) KEHC 8356 (KLR) 6
Legislation.
The Constitution of Kenya 2010, art 26, 25 (a) (b), 37, 31, 244
National Police Service Act 2011 s (61)
Independent Policing Operation Authority Act s (6) (a)
Secondary Sources.
Independent Policing Operation Authority report, “Performance Report” (2024) LQR 14
Independent Policing Operation Authority report, “Performance Report” (2025) LQR 7,8,9
BBC News Africa, “Blood Parliament – BBC African Eye Documentary” (2025) < https://www.youtube.com/watch?v=qz0f1yyf_eA > accessed May 2025
Reuters, “Bodies found as Kenya’s police chief resigns over protests REUTERS” (2025) < https://www.youtube.com/watch?v=RPKznDqBnCs > accessed April 2025
