A group of human rights organizations has condemned the police actions during last Friday’s Saba Saba protests terming them
Illegal and dictatorial.
Police shot and killed six of the protesters as they descended on demonstrators on July 7 and arrested at least 100 of them.
Those arrested were however released by the courts after spending weekend in custody.
On Tuesday, the umbrella group of human rights under Police Reforms Working Group-Kenya said they witnessed the return of a police state where the police brutalized unarmed, peaceful Kenyans exercising their constitutionally guaranteed freedom of assembly as they expressed their dissatisfaction with the state of the economy, over-taxation, hunger, disregard of the law in political appointments and unresponsive executive and legislature.
“We commemorated 33 years since Kenyans took to the streets to express their displeasure with dictatorship, bad governance, human rights violations, and state repression.”
“This was a historic statement of defiance against an authoritarian state that was using the police to kill, maim and oppress the people,” the group said.
The group said just like our Saba Saba heroes of the 1990s, including Martin Shikuku, Rev. Timothy Njoya, James Orengo, Gitobu Imanyara, and many others who paid the price for our hard-won democratic freedoms, different groups under #NjaaRevolution, #Saba Saba March for our lives, #Okoa Uchumi and political opposition went to the streets to commemorate this historic day and to express themselves as active citizens.
Six people were shot dead by police in Kisii, Migori, and Kisumu, and over 100 were arrested and several others injured as a section of the police expressed the highest level of brutality, cruelty, and torture.
“As a result, we saw reckless use of tools of policing including the misuse of firearms and teargas.”
“We denounce the emerging trend of intimidation of police officers including punitive transfers of those who embrace non-violent approaches in the spirit of community policing and respect for citizens’ right to assemble, to free expression, and to participate in public discourse.
We wish to commend all officers who are defending the rule of law, freedom of assembly, and right to protest. We encourage them to continue acting within their service standing orders,” the group added.
They condemned continued political harassment of media houses and intimidation of journalists, a trend that is increasingly threatening freedom of expression and free media.
“We urge the media to remain steadfast in defending our hard-won democracy.
Additionally, citizens who were held in police custody were denied medical treatment, dignity kits, food, legal assistance, and bail as required by law.”
While attempting to safeguard the rights of the arrested persons, the group said, several lawyers and civil society leaders were chased out of Central Police Station.
“Most shocking, was the teargassing of the former Chief Justice Hon. Dr. Willy Mutunga at Central Police Station when he was carrying out his role as a respected elder, Former Chief Justice of the Judiciary and Advocate of the High Court of Kenya.”
In Kisii, Migori, Kisumu, and Mombasa Counties, the police disrupted the protests by using live bullets, throwing tear gas, and in other instances, stones at the crowds contrary to the second schedule of the National Police Service Act, the group said.
“In Kisumu, police followed suit by throwing tear gas to the protesters which created tension in the CBD leading to businesses being shut down.
In Vihiga County, eight human rights defenders were arrested and detained in Mbale Police Station as they marched to present their petition to the relevant state agencies.”
Police in Lodwar town, Turkana County arrested three protesters who were taking part in the Saba Saba Day protests as they demanded the government lower food commodity prices.
“We wish to condemn the systemic use of excessive, unlawful, and unnecessary use of force and firearms by the police in the management of public assemblies and demonstrations,” their spokesman Peter Kiama said.
The actions, they said amount to total disregard of the National Police Service Standing Orders and the police code of conduct and must be legally investigated by relevant oversight bodies.
“We denounce increasing political interference and increasing breakdown of the chain of command in the National Police Service with regards to policing assemblies and demonstrations.
The return of “orders from above” at the police stations level is not only scary but is a grave threat to our democracy.”
“It is incumbent upon the Inspector General of Police to take full command responsibility as is required under the Constitution.
Failure of which, his continued occupation of the office of Inspector General is becoming increasingly untenable,” they added.
They urged the IG to take full political and command responsibility over the NPS and Independent Policing Oversight Authority (IPOA) and the Internal Affairs Unit (IAU) to investigate cases of arbitrary arrests, mistreatment, and all atrocities committed by the police.
They also want the legal professionals at the Bench and the Bar to stand with their colleagues and demand the dignity and respect of their office.
“They must call for an investigation into the conduct of the Police at Central Police Station for detonating a teargas canister at the former Chief Justice and other legal counsel who were defending the Constitution and human rights.”
Further, they called on the Independent Offices and Commissions such as the Kenya National Commission on Human Rights (KNCHR) and the Office of the Director of Public Prosecutions (ODPP) to jealously guard and protect their mandates.
“We appreciate the courage of the ODPP for upholding their mandate by refusing to charge the over 70 persons arrested and detained for over 36 hours for exercising their constitutional right of peaceful assembly.”
They also asked all Kenyans to stand firm in defending the Constitution relentlessly and protect democracy, human rights, and dignity.
Similar protests are planned for Wednesday, July 12 by various agencies including taxis and long-distance drivers and conductors.
