Continued Police Abuse of Less Lethal Weapons, Including Batons and Teargas

The Police Reforms Working Group and the Law of Society of Kenya’s attention has been drawn to an incident where a student at Multimedia University was beaten with wooden batons by police on 17 September 2024. Police proceeded to lob a tear gas canister directly at the visibly injured student at close range.

We write to you as the Speaker of the National Assembly to convey our request to the Justice And Legal Affairs Committee to summon the Inspector General of Police Douglas Kanja to explain the nature of the operation carried out at Multimedia University, commands issued to the police officers who were deployed, reveal the identities of police officers captured on camera assaulting the student and what actions have been taken to discipline them and whether their files have been referred to IPOA.

A video seen by our associations and in the public domain shows the teargas exploding, bursting into flames next to a student identified as Trevor Mathenge Mureithi by the Multimedia University Students Association. The video shows that police used batons and teargas in a situation which did not require batons and teargas. Police officers are seen deliberately striking the injured student in high-risk areas, including the head and face. Providing medico-legal support to Mr. Mureithi, medical records in our possession show a fractured right leg. It is our conclusion that the actions were intended to cause grievous harm to the student.

This incident is one in an emerging trend of police intentionally violating human rights laws and standards requiring strict control and use of less lethal weapons, including chemical irritants and batons, and the obligation to mitigate the risk of unnecessary or arbitrary injury or harm. It is imperative to note that the lobbing and direct launching of teargas at close range has been confirmed to result in deep wounds, concussion and, in severe instances, death.

Furthermore, all police officers must refrain from using batons and other lethal crowd control weapons to suppress the enjoyment of human rights, including the right to protest. Police have an obligation to justify and account for every strike they use as they are bound by the principles of necessity, proportionality and legality and guard against causing more harm than the harm their use is supposed to prevent.

The National Police Service is accountable to Parliament. Parliament has the solemn duty to observe, respect, protect, promote and fulfil the rights and fundamental freedoms in the Bill of Rights. Parliament is also mandated to implement legislation to fulfil its international obligations regarding human rights and fundamental freedoms.  Police persistent use of force and abuse of less lethal weapons, including batons and teargas, on peaceful protesters, disregarding safety measures, must be addressed. Lastly, we further request the committee to open the hearing to the public and receive feedback on police use of less lethal weapons on protesters and the efficacy of the existing legal framework, including international instruments regulating police use of force and abductions.

Signed

The Police Reforms Working Group includes Independent Medico-Legal Unit (IMLU), Kariobangi Paralegal Network, Defenders Coalition, Katiba Institute, Social Justice Centres Working Group (SJCW), Kenyan Section of the International Commission of Jurists (ICJ Kenya), International Justice Mission (IJM-K), HAKI Africa, Amnesty International Kenya, Women Empowerment Link, Social Welfare Development Program (SOWED), Kenya Human Rights Commission (KHRC), Federation of Women Lawyers (FIDA- Kenya), International Centre for Transitional Justice (ICTJ – Kenya), Transparency International Kenya, Shield For justice, Wangu Kanja Foundation, Constitution and Reform Education Consortium (CRECO), Kenyans for Peace, Truth and Justice (KPTJ) and Peace Brigades International Kenya (PBI Kenya)