The Ministry of Interior has issued a directive urging police officers overseeing nationwide peaceful anti-government protests to exercise restraint and use non-lethal force during their patrols.
In a statement the ministry emphasized that while police are authorized to use deadly force in specific circumstances, they must uphold the sanctity of human life.
“While the police are guided by the National Police Service Act which prohibits the use of excessive force in the execution of their duties, Section 49 of the Police Service Act allows the security officers to use force only when it is necessary and to the extent required in the execution of their duties,” read the statement.
“Security agencies are under instruction to exercise restraint during peaceful protests and use of non-lethal force to ensure public safety.”
According to the ministry, police are justified in using appropriate force when protests, for instance, escalate into criminal activities.
“The police can indeed be compelled to use reasonable force when isolated and specific scenarios of protests escalate to criminalities including rioting, looting and burning of properties, disruption of traffic through erection of road blocks on major highways and invasion of critical and protected infrastructure,” said the Interior ministry.
Additionally, the ministry underscored that all arrests made during these protests must strictly adhere to the guidelines set out in the criminal procedure code.
“Essentially, it ensures that law enforcement authorities conduct arrests in accordance with legal standards and procedural requirements,” the statement noted.
“Anyone aggrieved by police actions is welcome to seek redress through our established criminal justice system, including the courts.”
The statement comes as the Kenya National Commission on Human Rights (KNCHR) reported that a total of 50 people have lost their lives across Kenya since the commencement of the anti-finance bill demonstrations on June 18, 2024.