The Police Reforms Working Group-Kenya acknowledges and appreciates the preliminary investigation report from the Independent Police Oversight Authority (IPOA) that led to the arrest of the six police officers by the Office of the Director of Public Prosecution (ODPP) for the murder of the Kianjakoma brothers Benson Njiru Ndwiga and Emanuel Marura Ndwiga who were arrested in Kithangari Village in Embu County on 1st August 2021 – for allegedly violating curfew orders. 

As the investigations progress we urge the investigators to: 

a. Ensure that the specific individuals responsible for the actual assault an torture to death are identified among the six and, or any other officer; 

b. Ensure that officers who are complicit for witnessing and protecting the actual assault and torture suspects are identified; 

c. Ensure command responsibility for the killing and dumping the bodies, and failure to report deaths in police action as required by IPOA and NPS Acts.. 

We are however disappointed that no police commander who bears the highest responsibility was arrested and charged. Neither the Ward, Sub-County, County nor Regional Commanders are on the list of those brought to court yesterday. While pursuing individual criminal responsibility is critical in this case, we believe that by accountability at command level will send a strong and unequivocal message that criminality within the Service will no longer be tolerated. 

We commend Kenyans from all walks of life for rising up and speaking about brutality of police officers against civilians, and the systemic nature of this criminality. This is a sure testament that if we come out as a country and speak out on what is wrong, swift action will be taken, but we shall save many more lives. We call upon Kenyans not to drop the baton on their quest for human rights and better policing. 

We are cognizant that even after the murder of the two brothers, there was still another unwarranted killing and serious gunshot injuries to 4 persons in Kianjokoma as a result of unnecessary and excessive use of force and firearms’ against protesting citizens. We urge for speedy conclusion in this case including identifying: 

We call for speedy conclusion of investigations into the; 

a. specific officer (s) who fatally shot and killed Moses Kimathi Njiru 

b. specific officer(s) involved shooting and serious injury of 4 persons who are still in the hospital; 

c. command responsibility for the indiscriminate shooting and violence against pubic demo, including the operation order issued with regard to the demonstrations 

We call for the arrest of the Ward Commander (OCS) and Sub-County Police Commander (OCPD), County Commander and Regional Commander for their role in the entire incident, and resultant actions and decisions. 

We also reiterate the need for immediate placement of all witnesses under the Witness Protection Program for their own safety and security, to facilitate objective investigations and safeguard the integrity of the investigation. 

While the effort of IPOA and ODPP are to be appreciated for their role in the investigation and prosecution, we at the Police Reforms Working Group-Kenya, still feel there is more that ought to be done to ensure future deterrent of rogue police officers engaging in wanton murder of the youth. 

Once more we are disappointed by the delays of the Office of the Attorney General in operationalizing the National Coroners Service Act 2017, which continues to undermine the criminal justice system in professionally investigating suspicious deaths in police custody and police operations. The Office of Coroner-General would have been called upon to carry out an autopsy, preservation and analysis of other evidence to ascertain the cause of death 

including whether they were tortured. Tragically, the National Coroners Service Act 2017 remains inoperational for the last four years. We reiterate our call to the Attorney General to immediately operationalize the National Coroners Service Act 2017. 

This statement was signed on 18th August 2021 by members of the Police Reforms Working Group-Kenya, an alliance of national and grassroots organisations committed to professional and rule of law policing. They include: 

1. Amnesty International Kenya, 2. Constitution and Reform Education Consortium (CRECO), 3. Defenders Coalition; 4. HAKI Africa, 5. Independent Medical-Legal Unit (IMLU). 6. International Centre for Transitional Justice (ICTJ-Kenya), 7. International Justice Mission (IJM-K), 8. Katiba Institute, 9. Kariobangi Paralegal Network, 10. Kenya’s for Peace, Truth and Justice (KPTJ), 11. Kenya Human Rights Commission (KHRC), 12. Peace Brigades International (PBI), 13. Shield For Justice (SJF), 14. Social Welfare Development Program (SOWED), 15. The Kenyan Section of International Commission of Jurists (ICJ Kenya), 16. Transparency International Kenya (TI-Kenya), 17. Usalama Reforms Forum, 18. Wangu Kanja Foundation, 19. Women Empowerment Link (WEL), 20. Social Justice Centre Working Group.