Unmasking Police Brutality in Kenya

Abstract

Kenya has a dark history of police brutality,dating back to the colonial period when torture was used to repress uprisings.Brutality is still weaponized by the police forces decades later.In 2023 Kenya witnessed a widespread protests mainly demanding a reduction in the cost of living. From the onset,President Ruto tried to discredit protesters on March 15,2023 linking them with Odinga saying that Odinga has never planned a peaceful protest.During this nationwide protests,an outstanding number of citizens disappeared or were murdered at the hands of the Police.

This qualitative article seeks to delineate the socio-political impacts of police brutality during the 2023 anti-government protests in Kenya, examining the perspectives of victims’ families, protesters, and human rights advocates. It mainly focuses on the protests from March to July 2023, sparked by economic grievances, the Finance Act 2023, and alleged 2022 election rigging.

This study investigates the circumstances surrounding the reported fatalities due to police actions, including shootings, beatings,enforced disappearances and tear gas exposure noting the legal frameworks governing police use of force in Kenya during protests,what constitutes police brutality under Kenyan Law and how prior court rulings on police brutality apply to the 2023 anti-government protests.It suggests reforms,prosecutions for fatalities reported and calls for accountability from the police force

Introduction

Aftermath of the alleged 2022 fraud election:the source of all the problem On August 9,2022,the third election since the promulgation of the 2010 Constitution was held.On August 15,2022 Deputy President William Ruto from Kenya Kwanza Alliance was declared the president elect defeating opposition leader and former Prime Minister Raila Odinga.[1]In the aftermath of the election,the Azimio la Umoja Coalition disputed the results,relying on a report by an anonymous whistle-blower which alleged that a special team had been formed to manipulate election results by altering election forms.[2]Odinga along 16 others petitioned the Supreme Court on ,to overturn the outcome of the vote.The Supreme Court dismissed the petition and determined that the evidence presented was not sufficient to warrant setting aside the results as declared by the Independent and Electoral Boundaries Commission(IEBC).[3]The new government on September 2022,removed fuel and maize subsidies,leading to price increase on these goods triggering public outcry on cost of living.[4]

On March 9^th ,2023 In a public rally in Nairobi,The Azimio la Umoja coalition leader Raila Odinga threatened to call for a nationwide protest citing the high cost of living,fraud and electoral malpractices during the 2023 elections.[5] The first round of protest took place in March followed by subsequent wave in May and July.

During these protests,there have been numerous reports on police injuring and killing protesters as they have increasingly resorted to excessive use of force in their efforts to suppress the protests.Hundreds of Kenyans including bystanders just going about their day,schoolchildren,journalists covering the event,motorists, and protesters suffered violations of their human rights at the hands of the Kenya police[6].The excessive force used by police resulted in numerous fatalities, injuries,other forms of injuries and human rights violations prompting investigations by the Independent Policing Oversight Authority (IPOA) and calls for accountability from human rights organizations like Human Rights Watch and Amnesty International and the Missing Voices.

In the next part of this paper,I show a breakdown of the reported cases including but not limited to gender,age,county and months based on reports sampled from various Human Rights organization’s reports.

Statistics

Data collected from ACLED and The Missing Voices highlight a decrease in the number of  brutal killings by 9.2%, from 130 in 2022, to 118 in 2023, while enforced disappearances reduced from 22 in 2022 to 10 in 2023, a 54.5% decrease.[7]The proportion of men killed in 2023 remained high, at 94% of all victims, compared to 95.3% in 2022.The proportion of women increased slightly, reaching 6% in 2023 from 4.7% in 2022.Although there is a decrease in the number of police-related fatalities in 2023 compared to the previous year,concerns still linger regarding the accountability of law enforcement and protection of citizens.[8]

A report by Amnesty International Kenya(AIK) shows that between March and July 2023,the police used excessive and unnecessary force against protesters including the use of lethal ammunition,kinetic impact projectiles torture and other ill-treatment,unlawful detention and committed serious abuses against children under the age of 18[9].Police also conducted illegal home searches and unlawfully used tear gas recklessly in densely populated areas completely ignoring the guidelines outlined under the UN Basic Principles of use of force and firearms by Law Enforcement Officials.[10]The use of tear gas caused the death of two infants,aged 4months and 7months[11].More than 50 pupils in Kihumbuini primary school in Kangemi were rushed to the hospital after police deployed teargas within the school premises to disperse demonstrators[12].This use of force against unarmed school children and civilians clearly reflects abuse of power and disregard for human life and rights by the security forces.

The Azimio Coalition claims at least 50 people were killed by the police in the demonstrations while the government estimates 20 fatalities[13].Based on Human Rights Watch report at least 31 people were killed due to police use of excessive force:26 of whom were shot,3 men beaten to death,2 children who died after police deployed tear gas in residential homes.While the Independence Policing Oversight Authority(IPOA)following a letter from Amnesty International Kenya and Human Rights Watch,said on October 29 that at least 67 people had been killed during the protests between March and July[14].

Statistics compiled by the Missing Voices during the anti-government protest  show that 118 cases of police brutality were identified out of which only 28 have court prosecution procedures started against them.

Police Killings per month

The chart below shows the number of reported fatalities per month during the 2023 anti-government protests as per the missing voices records.

Police Killings per County

The graph below shows that Nairobi recorded the highest number of deaths caused by gunshots.

Analysis

Despite statements from media reports and witness accounts detailing police use of excessive force during the protests,the then Inspector General of Police,Japhet Koome,denied these claims and opposed demands for police to take accountability stating that politicians conspired with morgue attendants and hired dead bodies from mortuaries and portrayed them as victims of police brutality.He further added that the police were maintaining law and order as mandated of them by the Constitution [15].

Article 37 of the Kenyan Constitution provides for the right to peacefully assemble, demonstrate,picket and present petitions to public authorities.

The Kenyan Police violated rights to freedom of expression,freedom of conscience and opinion,freedom from torture and ill-treatment and the right to life,human dignity,peaceful assembly,health,livelihood and property protected under the Kenyan Constitution and International Human Rights law.

First Wave

Riot police disperse supporters of the Azimio la Umoja during the nationwide protests,in Mathare Setlements of Nairobi,March 27th 2023.(20 REUTERS/John Muchucha) Odinga called on opposition supporters to meet on Monday,March 20 in Nairobi,to denounce the rising  cost of living.The call to collective action was banned by authorities on Sunday but was taken up by thousands on people on Monday[16].The first wave of protests that took place on March 20,27 and 30 was violently suppressed by the police forcing the protesters and Azimio leaders to call for immediate action from the government to address the violations.[17]

On March 20,in Kibera,protestors clashing with police. YASUYOSHI CHIBA/AFP Opposition leader Raila Odinga later called off anti-government protests that was scheduled for Monday,April 3,2023 after President William Ruto called for dialogue suggesting a creation of bipartisan parliamentary committee that would work through concerns over the electoral process[18].

Second Wave

On April 23^rd the opposition leader spokesman,Dennis Onyango, in an interview said that the anti-government protest would resume.The second round of protests started on 2^nd May after the talks announced between the government and Azimio la Umoja temporarily stopped.

Third Wave

The third round of protests resumed and took place on July 7,12,19,20 and 21 following the enactment of the Finance Bill(2023).On 20^th July police used teargas and live bullets to disperse demonstrators in Bondo Town,Siaya County resulting to two deaths.They also conducted home searches of suspected protesters in Nyalenda and Nyamasaria neighborhoods in Kisumu County where they conducted nighttime raids in residential areas long after the protests had ended.During such raids the police allegedly raided a homestead in Nyalenda,dragging two brothers out of their house,William Amulele and Brian Oniang’o,beating and injuring them[19].

Twenty four year old William succumbed while receiving treatment at the Jaramogi Oginga Odinga intensive care unit.This was two days after the death of his younger brother Brian,a twenty two year old who succumbed at the same facility.Their mother Evelyn Achang’o during an interview with Citizen aired on Monday said that the doctor had informed her  that Brian had a cracked skull that caused his death and  William had a broken neck and cracked skull[20].

Two brothers,William Amulele and Brian Oniang’o who succumbed to police beating in Nyalenda estate,Kisumu County One hundred and twenty two cases of assault were reported at the Jaramogi Oginga Odinga Teaching and Referral Hospital(JOOTRH)in Kisumu during the month of July alone[21].

These three rounds of protests were largely peaceful .The police again responded to these protest,which they declared illegal,with a similarly heavy handed approach[22].Despite increasing public outrage,the Finance Bill was passed through Parliament and was signed into law by President Ruto in June.Opposition leader Raila hailed the July protests as the beginning of Kenya’s third liberation struggle.

Pattern of Unlawful Killings

In response to a letter,IPOA told Amnesty International Kenya and Human Rights Watch that they had closed 4 cases,recommended an inquest in 6 cases by the Office of the Director of Public Prosecution and actively investigating 57 cases.

IPOA also stated that 33 deaths were recorded in Kisumu County alone during the months of protest.[23]All the above documented cases clearly show that the police violated their duty to only use force to the extent necessary for the performance of their duties,to fulfill a legitimate aim and not in a way that causes a level of harm which would outweigh the harm they seek to prevent.[24]

The table below is a summary of the estimated death cases reported during the anti-government protest.

Legal Framework

The Constitution of Kenya is the supreme law which was designed to ensure accountability and protection of fundamental human rights alongside other statutory provinsions.Article 26 of the Constitution of Kenya 2010 guarantees everyone right to life.[25]This provision obliges the state to respect and protect every person’s life from vilations.Article 29 stipulates that every person has the right to freedom from any form of violence from either public or private sectors.[26]Article 37,protects every person’s right to assembly,demonstration,picketing and petition the authorities.

This provisions affirm that any violations of these rights must be addressed.

National Police conduct 

The National Police Service Act section 41 opines that the police force can use force only to the extent needed and strictly only to the confines of the Law.[27]The Interdependent Oversight Authority (IPOA)Act(2011),Section 4 provides that IPOA is obliged to receive,investigate and report on police conduct.[28]This provision ensures that police officers who are reported of violating the Constitution of Kenya are held accountable.

International Legal Framework

Article 3 of the Code of Conduct for Law Enforcement officials,provides that law enforcement officials may use force only to the extent required to perform their duties

Despite all this legal provisions,with clear mandate,police brutality,extra judicial killings and abductions have become the new norm in the Kenyan Societies.

Challenges in Achieving Justice

Achieving Justice has been marred by several legal,political ,institutional and socio-economic challenges.Below is an analysis of some of these challenges:

• Police Impunity:history of unpunished police violence undermines the public trust.
• Cover-ups:misreported deaths,suppression of evidence and controlled narratives by state officials obstruct truth and deny justice violating both the Constitution of Kenya and the International Human rights obligations under treaties like the International Covenant on Civil and Political Rights
• Victims intimidation:the family of the victims often face intimidation when seeking redress and filing complaints.
• Weak investigations:many investigations into the reported deaths are either not initiated or incomplete.IPOA is often seen as ineffective with very few police officers held accountable for the abuses and deaths.
• Political interference:some state officials enjoy political protection and are rarely prosecuted.
• Lack of political will to reform:despite many calls from Human rights groups and commissions,there has been minimal implementation of police reforms and weak enforcement of recommendations from past inquiries.
• Media blackouts:shutting down of live broadcast by the government and intimidated media houses covering live protests has been an issue reported so many times.Article 34 and 35 guarantees the Freedom of the media and right to access to information respectively.However this rights have been routinely violated.

Recommendations

• The Kenyan Government should ensure accountability and conduct thorough investigations into the past and ongoing abuses committed in the context of protests to build public trust and affirm its commitment to the rule of law.
• To address enforced disappearances, Kenya must prioritize human rights and the rule of law. This entails creating a culture of accountability within law enforcement agencies, ensuring transparency in investigative processes, and upholding the rights of all individuals, regardless of their perceived political affiliations or beliefs.
• Reforming the National Police Service in line with the law
• IPOA should ensure transparency in its operations.
• The Kenyan Government should also address the root causes of the protests.This will likely prevent further deaths and help restore public faith in authorities

Conclusions

Kenyan authorities have failed to ensure justice.Over two years later,investigations have not been finalized and despite the documented cases no single police officer has been prosecuted for the killings and other serious violations from March to July.This highlights the challenges in accountability proving the fact that Kenya has a poor record of holding the police and other security officers accountable for human rights violations,excessive and unlawful use of force,torture and unlawful killings.Too many Kenyan families continue to suffer as a result of the brutal actions of the police.

The lack of prosecutions as seen in the reported cases underscores the urgency of addressing systemic impunity.There is a direct link between corruption,police impunity and the prevalence of extrajudicial killings and enforced disappearances.Unless police impunity is effectively addressed,these violations are likely to continue affecting Kenyans.

Reference(S):

[1]  ‘Kenya:Rise in disorder as opposition stages mass demonstrations’ Armed Conflict Location and Event Data(ACLED),September 26, 2023.

[2] Sham Poll’ IEBC ‘Whistleblower’ make rigging revelations,’NTV Kenya,January 18,2023 -<https://ntvkenya.co.ke/news/sham-polls-iebc-whistle-blower-makes-rigging-revelations/> (accessed July 1, 2025).

[3] Odinga & 16 others v Ruto & 10 others; Law Society of Kenya & 4 others (Amicus Curiae) [2022] KESC 56 Presidential Election Petition E005 of 2022,Ruling of the Supreme Court,26 September 2022,(KLR),para 4.

[4] ‘Kenya scraps petrol subsidy after president warned it was unsustainable’ Reuters,September 15, 2022, -<https://www.reuters.com/world/africa/kenya-scraps-petrol-subsidy-after-president-warned-it-was-unsustainable-2022-09-15/> (accessed July 1, 2025).

[5]  ’Unchecked justice:Kenya’s suppression of the 2023 anti-government protests’ Human Rights Watch(HRW),November 25, 2024.

[6]  ‘Kenya:Police use  excessive force in response to anti-government demonstrations’ Armed Conflict Location and Event Data(ACLED), September 26,2023.

[7] ’End police impunity’ Missing voices 2023 Annual report,

[8] Kenyans.co.ke, ‘118 People killed By Police in 2023-Report’ Kenyans.co.ke, on April 24, 2024 -<https://www.kenyans.co.ke/news/100037-118-people-killed-police-2023-report > (accessed June 23, 2025).

[9] ‘Kenya:Justice overdue for 2023 protest abuses’ Human Rights Watch’,

[10] UN Office of the High Commissioner for Human Rights, ‘Basic Principles on the Use of Force and Fire Arms by Law Enforcement Officials’, September 7, 1990 -<https://www.ohchr.org/en/instruments-mechanisms/instruments/basic-principles-use-force-and-firearms-law-enforcement> (accessed July 2, 2025).

[11]  ’Unchecked justice:Kenya’s suppression of the 2023 anti-government protests’ Human Rights Watch(HRW),November 25, 2024.

[12]  Clause Masika, ‘Over 50 pupils in hospital after teargas lands in classroom’ The Star Kenya,July 12,2023 -<https://www.the-star.co.ke/news/2023-07-12-over-50-pupils-in-hospital-after-teargas-lands-in-classroom/>( accessed 24 June 2025).

[13] The Citizen, ‘Raila condemns ‘unprecedented police brutality’at protests’, July 25, 2023 -<https://www.thecitizen.co.tz/tanzania/news/east-africa-news/raila-condemns-unprecedented-police-brutality-at-protests-4315300> (accessed June 24, 2025).

[14] Human Rights Watch, ‘Unchecked justice:Kenya’s suppression of the 2023 anti-government protests’ November 25,2024.

[15] John Kalii, ‘ IG Koome claims politicians hired bodies from morgues to tarnish image of police’ Citizen Digital,on August 08,2023 -<https://www.citizen.digital/news/ig-koome-claimspoliticians-hired-bodies-from-morgues-to-tarnish-image-of-police-n325115>(accessed 25 June 2025).

[16] Noe Hochet-Bodin, ‘Kenya:Raila Odinga,the opposition leader in constant revolt’ Le Monde,on March 23, 2023 -<https://www.lemonde.fr/en/international/article/2023/03/23/kenya-raila-odinga-the-eternal-opposition-leader-continues-his-revolt_6020389_4.html > (accessed 23 June  2025).

[17] Human Rights Watch, ‘Unchecked justice:Kenya’s suppression of the 2023 anti-government protests’(accessed 25 June 2025).

[18] Le Monde, ’Kenya:Odinga-led opposition to resume anti-government protests’ Le Monde with AFP,on April 23 2023 -<https://www.lemonde.fr/en/le-monde-africa/article/2023/04/23/kenya-raila-odinga-s-opposition-to-resume-anti-government-protests_6023981_124.html> (accessed June 23, 2025).

[19] ACLED, ‘Kenya:Police use  excessive force in response to anti-government demonstrations’.

[20] Laura Otieno, ‘They cracked his skull:mother cries as another son succumbs to police beating in Nyalenda’ Citizen Digital,July 31,2023 -<https://www.citizen.digital/news/they-cracked-his-skull-mother-cries-as-another-son-succumbs-to-police-beating-in-nyalenda-n324607>(accessed June 24, 2025).

[21] Amnesty International, Law Society of Kenya, Kenya Medical Association, ‘Preliminary Communication on Human Rights Situation in Kisumu and Kisii Counties,’August 4, 2023, -<https://www.amnestykenya.org/preliminary-communication-on-human-rights-situation-in-kisumu-and-kisii/>  (accessed June 24, 2025).  

[22] https://www.aa.com.tr/en/africa/kenyan-police-ban-anti-government-protests-as-death-toll-rises/2949051

[23] Ibid.

[24] Ibid

[25] Constitution of Kenya,2010,article 26.

[26] Constitution of Kenya,2010,Article 29.

[27] National Police Service Act,2011,Section 41.

[28] Independent Oversight Authority Act,2011,Section 4.