Law enforcement in Kenya has a constitutional and public service mandate to protect people, maintain public order and enforce the law in a manner consistent with human rights. Over the years, law enforcement institutions have come under intense public, judicial, constitutional and human-rights scrutiny.
As Kenya marks 16 years since the promulgation of the Constitution, questions continue to be raised whether law enforcement agencies are consistently upholding the values and standards enshrined in the Constitution. These agencies are constitutionally required to protect the people and their rights, yet they have frequently been at the centre of allegations of unlawful use of force, extrajudicial executions, enforced disappearances and other human rights violations. In a country with one of the strongest, most progressive and comprehensive governance documents globally, can law enforcement truly protect human rights when the institutions mandated to do so continue to face concerns regarding political influence, excessive force, impunity and weak accountability?
Notable examples include the 2017 elections, during which human rights organizations documented allegations of excessive use of force and other unlawful policing practices that resulted in deaths and injuries. Among the victims was six-month-old Baby Samantha Pendo, who died after sustaining injuries during a police operation responding to post-election protests in Kisumu, she was neither a protester nor a voter. Three years later, human rights organizations and oversight bodies documented numerous allegations of excessive force and other human rights violations during the enforcement of COVID-19 dusk-to-dawn curfew measures.
In 2021, the deaths of the Kianjokoma brothers, who died after being arrested by police officers, further intensified public concern. Their deaths, alongside many other reported incidents, raised serious questions about police accountability, respect for due process and compliance with constitutional and legal obligations such as Article 244 of the constitution of Kenya, which provides grounds in which security personnel should conduct themselves.
Following the 2022 general elections, Kenya entered a new political administration amid growing public concern over the rising cost of living, increasing public debt and unemployment. Over the past few years, the country has witnessed a historic wave of citizen mobilization that has challenged traditional forms of political participation. No longer confined to traditional party mobilization or ethnic voting blocs, a new generation of Kenyans took to the streets with unprecedented coordination to demand accountability and social justice.
While Kenya’s Constitution places human rights, professionalism, accountability, and respect for human dignity at the centre of law enforcement, the experiences documented in the Missing Voices 2025 Annual Report raise difficult questions about how consistently law enforcement principles are reflected in practice.
The report documents 131 incidents of police violence in 2025, including 125 killings and six cases of enforced disappearance. According to the report, police killings increased by 20 percent compared to 2024, with more than half of the documented cases occurring during the protest periods of June and July. Behind these statistics are individuals, families and communities left to confront loss while seeking answers and justice, this as the world celebrates the 20 years of the adoption of the International Convention for the Protection of All Persons from Enforced Disappearances, Kenya must act immediately to ensure the 35 victims of enforced disappearances get reparations and justice.
Today, Kenya stands at a critical juncture, one year before the next general elections, concerns over political violence and activities of groups alleged to have been mobilized to disrupt demonstrations and political gatherings continue to emerge. In several instances, law enforcement has faced scrutiny over its response to such violence, with questions raised about whether sufficient measures were taken to protect affected individuals, prevent attacks and ensure accountability for those responsible. The events surrounding the 2024 protests, as well as incidents witnessed at major political rallies, have intensified questions about the neutrality, independence, and effectiveness of law enforcement in protecting citizens and upholding constitutional rights.
Kenya does not lack a constitutional framework for democratic policing; the challenge lies in ensuring that these commitments are consistently reflected in practice. Kenyans should not have to choose between security and their rights, they deserve both. The next election should therefore be an opportunity to move beyond a culture of policing that protects power and towards one that protects people, upholds the Constitution and serves the public without fear or favor.