Nairobi, 17 December 2024: The Kenyan Section of the International Commission of Jurists (ICJ Kenya), Amnesty International Kenya, The Law Society of Kenya, and the Independent Medico-Legal Unit acknowledge the transfer of key commanding officers following the conclusion of the Internal Affairs Unit’s investigation into the unlawful and disproportionate use of force during the 10 December 2024 International Human Rights Day March. On 16 December 2024, the Inspector General of Police, Mr. Douglas Kanja, announced the transfer of Nairobi Central Officer Commanding Police Division (OCPD) Doris Mugambi, SSP, to Vigilance House, and Nairobi Central Officer Commanding Station (OCS) Cl Nur to Mulot. In their place, former BuruBuru Deputy OCPD Stephen Okal, SSP, has been appointed as the new Nairobi Central OCPD, while CI Talaam will now serve as the new Central OCS. While this is a step toward accountability, it falls far short of addressing the systemic issues that enable such abuses.
The violent suppression of peaceful protestors with rubber bullets, tear gas, and physical violence—despite their compliance with legal notification requirements—demonstrates a deep-seated disregard for constitutional rights and international human rights obligations. Transferring officers is not enough; meaningful reforms are urgently needed to prevent such violations. We call on the Police Inspector General to overhaul police operations and prioritize peaceful engagement with protestors.
We specifically demand the following:-
- Criminal Accountability and Responsibility: The National Police Service (NPS) and The Independent Policing Oversight Authority (IPOA) must ensure criminal charges are brought against all officers who used unlawful and disproportionate force during the march. Transfers without consequences only embolden impunity.
- Policy and Training Reforms: The Inspector General of Police must lead a comprehensive review of police operations during public assemblies. Training programs must prioritize peaceful engagement, de-escalation tactics, and respect for constitutional rights.
- Clear Operational Guidelines: Reaffirm that a reasonable three-day notice is sufficient to enable Kenyans to exercise their right to peaceful assembly, as stipulated under the law.
- Transparent Oversight: The Independent Policing Oversight Authority (IPOA) and Kenya National Commission on Human Rights (KNCHR) must conduct an independent review of this incident and publish its findings. Disciplinary action should extend beyond lower-ranking officers to include command-level accountability.
- Engagement with Stakeholders: Human Rights Defenders, Civil society organizations and the National Police Service must collaborate on practical strategies to transform policing culture. The focus must shift from suppressing assembly to facilitating the safe exercise of constitutional rights.
Changing the culture of policing in Kenya is imperative to avoid the kind of violence and injury witnessed last Tuesday. We urge the Inspector General of Police to lead with a commitment to human rights, initiating reforms that reflect Kenya’s constitutional guarantees and international obligations while taking decisive steps to restore public confidence.
Kenya must move beyond symbolic actions and address the systemic problems within its policing framework. The violent suppression of peaceful protestors undermines the nation’s democratic principles and erodes public trust in law enforcement.
We stand ready to engage the National Police Service and the Ministry of Interior and Coordination of National Government in crafting practical and actionable reforms that uphold the constitutional rights of all Kenyans. The right to peaceful assembly must be respected, protected, and facilitated—not violently repressed.
Signed:
Protas Saende Faith Mony Odhiambo
Chairperson, ICJ Kenya President, Law Society of Kenya
Irungu Houghton Wangechi Grace Kahuria
Executive Director, Amnesty International Kenya Executive Director, Independent Medico-Legal Unit.