Nairobi, 8 August 2024: The Law Society of Kenya and Police Reforms Working Group’s attention has been drawn to media reports showing people masked and armed with large wooden batons on 6 August 2024 in Kapsabet town and elsewhere threatening to violently disrupt any form of gathering. The reports and videos seen by the Working Group indicate that the armed group intend to prevent planned protests against poor service by the Nandi County Government.

We reiterate constitutional protections for all persons to peacefully and unarmed protest, picket, and present petitions to authorities and the obligation of the State to respect and ensure this right. We call upon the National Police Service to uphold its public commitment to facilitate and protect protesters against interference by third parties.

Police must also refrain from unlawfully using tear gas and high-velocity mobile water cannons against people, including mothers and children, in their homes. Tear gas must never be used in confined spaces. Previous actions have served no legitimate purpose and ended up punishing the public, many of whom were bystanders. Using force in residential areas is even more dangerous today as many children are on a school break.

The PRWG and the Law Society of Kenya remain concerned about continued incidents of abductions. IPOA must thoroughly and effectively investigate these cases to ensure perpetrators are held accountable. Considering the protests planned for today, we call upon the National Police Service to refrain from unlawful use of force, arbitrary arrest and detention of protesters and forceful abductions. We call upon the Acting Police Inspector General to:

1. Refrain from deploying ununiformed or masked police officers dressed in hoodies, balaclavas or other attire in an attempt to hide their identities;
2. Refrain from using unmarked vehicles or vehicles with distorted number plates or with no legal registration in order to commit crimes and evade justice;
3. Ensure that all policing operations are effectively commanded and any use of force complies with the principles of necessity and proportionality. Lethal force must not be used against protesters who do not pose an imminent threat of death or serious injury.

We are also deeply concerned by the harassment of leaders of Social Justice Centers by the National Police Service, Kenya Revenue Authority and other state agencies who have either arrested these leaders, summoned them and demanded several documents this week. We condemn this use of intimidation tactics designed to force them to withdraw from participating in protests. We call upon the Police to refrain from arbitrarily arresting individuals. Where there is just cause to conduct an arrest, the police must arrest in full compliance with Article 49 of the Constitution of Kenya and international human rights law.

PRWG and the Law Society of Kenya shall continue to monitor and document police conduct in protests, aiming to hold commanders responsible for any violations. We commend the dedication and courage of medical personnel and religious institutions who volunteer their services and centres to treat the injured, regardless of whether they are protestors or police. We call for more emergency medical support facilities to be established.

Ends.