Anti-riot police officers disperse crowd during the third day of the protest on July 21, 2023.
The brutal force applied by the police to control crowds during last week’s mass protests across the the East African country of Kenya, was on Wednesday condemned by the Commonwealth Lawyers Association (CLA).
In a statement on Wednesday, the CLA said demonstrations were provided for by both the Kenyan Constitution and the Universal Declaration of Human Rights and as such, appropriate action should be taken against officers who committed criminal acts against protesters.
Said the body: “The police uniform should not provide protection against accountability. Uphold the Kenyan Constitution, in particular Article 37, and the rule of law at all times”.
Article 37 of the Constitution grants the unfettered right to assemble, demonstrate and picket, but participants must be peaceful and unarmed.
CLA said this right must be upheld and respected by those in authority while police should desist from using excessive force against unarmed civilians.
Added the lawyers: “The CLA is gravely concerned about the acts of aggression by the Kenyan police and wishes to stand in solidarity with the victims of police brutality in Kenya following the protests. Bear in mind that the people are at the heart of any democracy and they must be engaged respectfully”.
During the protests held between Wednesday and Friday last week, several people were killed during violent clashes between anti-riot police and protesters.
The opposition, Azimio la Umoja coalition, called for protests over the rising cost of living and the introduction of controversial tax measures via the Finance Act, of 2023.
Opposition leaders, human rights organisations and foreign missions condemned the police for using live bullets and disproportionate crowd control weapons like teargas and water canons against demonstrators.
No official statistics have been released but Azimio claimed that at least 50 people died although, some rights groups said it was roughly half the number.
Interior CS Kithure Kindiki on Tuesday issued a statement saying investigations were ongoing, adding that those found to have supplied guns that were used to kill civilians would be prosecuted.
He absolved police of alleged extrajudicial killings, saying the criminal acts were perpetrated using civilian guns and the blame shifted to the police.
Said Kindiki: “The scale of violence and destruction occasioned by persons masquerading as peaceful protestors exercising their Constitutional rights shock the conscience of mankind.
“Consequently, relevant agencies of the criminal justice system will proceed to conclude the analysis of the available evidence to bring to account all those involved”.
