Interior PS Dr.Raymond Omollo
By Cynthia Masibo
In light of the nationwide anti-government protests, the Ministry of Interior has issued a directive to police officers to exercise restraint and employ non-lethal force wherever possible. This guidance comes amid growing concerns over the use of excessive force by law enforcement during public demonstrations.
In a statement released to newsrooms on Tuesday, the Interior Ministry underscored the importance of upholding the sanctity of human life, even as police officers are authorized to use deadly force in certain scenarios. The Ministry emphasized that the National Police Service Act prohibits the use of excessive force in the execution of police duties, directing officers to adhere to Section 49 of the Act, which permits the use of force only when necessary and to the extent required for their duties.
“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,” the statement read.
The directive comes amid reports from the Kenyan rights commission, which revealed a grim toll from the ongoing protests against the Finance Bill. According to the commission, 50 people have lost their lives and 413 have been injured since the protests began. These figures highlight the urgent need for law enforcement to balance maintaining public order with protecting human rights.
The Interior Ministry reiterated that security agencies have been instructed to use restraint during peaceful protests, resorting to non-lethal force to ensure public safety. The statement clarified that while peaceful demonstrations are to be handled with care, police are justified in using appropriate force in scenarios where protests 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 roadblocks on major highways, and invasion of critical and protected infrastructure,” the ministry stated.
In addition, the ministry stressed the importance of adhering to legal standards during arrests. All arrests made across the country must follow the guidelines outlined in the criminal procedure code, which specifies the procedures that police must follow when making arrests, as well as the rules governing the detention and trial of suspects.
“Essentially, it ensures that law enforcement authorities conduct arrests in accordance with legal standards and procedural requirements,” the statement noted.
The Interior Ministry’s call for restraint comes at a critical time, as the country grapples with widespread unrest over the Finance Bill. The directive aims to strike a balance between maintaining public order and respecting the rights of protesters, ensuring that law enforcement actions do not exacerbate tensions or lead to unnecessary loss of life.
As the protests continue, it remains to be seen how effectively the police will implement these guidelines and whether they can restore calm without further escalation of violence. The Ministry’s emphasis on restraint and adherence to legal procedures is a step towards mitigating the impact of the protests and fostering a more measured approach to public order management.