LSK Demands Urgent Action and Accountability for Police Brutality and Extrajudicial Killings

The Law Society of Kenya (LSK) has issued a searing statement demanding urgent action and accountability over the brutal killing of unarmed civilians by officers of the National Security Organs, following shocking revelations aired by BBC Africa Eye and recent fatal police actions in Kilgoris.

Citing Article 26 of the Constitution, which enshrines the right to life, LSK President Faith Odhiambo decried the increasing disregard for this fundamental right, stating that extrajudicial killings have become “a damning indictment on our national security” and a grave threat to the rule of law and Kenya’s democracy.

The LSK condemned the cold-blooded killing of six civilians by police officers on April 28 in Angata Barrikoi, Kilgoris, during what it described as peaceful protests against land dispossession.

This incident, the society said, adds to an alarming pattern of police brutality that was also captured in the BBC documentary aired on April 27, exposing targeted executions of Gen Z protestors in 2023.

“The people of Kenya sought to end the abuse of security organs as agents of political repression, but the past two years prove this relic of impunity persists,” the statement read.Odhiambo also took aim at political leaders who have dismissed or trivialized the killings.

She singled out Members of Parliament Bashir Abdullahi, Peter Kaluma, and John Kiarie for making “insensitive” and “preposterous” comments that undermine public trust and Parliament’s constitutional oversight role.

The Law Society further criticized the Independent Policing Oversight Authority (IPOA) for a lack of urgency, revealing that out of 60 registered cases of police brutality, only six have been escalated to prosecution nearly a year later.

“This is near proof of dereliction of duty,” LSK stated, warning IPOA that continued inaction could amount to complicity.LSK called for investigations into the mass killings during last year’s demonstrations to be given priority status.

It demanded that the Office of the Director of Public Prosecutions direct the Inspector General of Police to launch immediate probes into officers captured in existing media footage perpetrating violence or implicated in extrajudicial killings.

The society further urged the National Security Council to mandate all investigative agencies to establish the full extent of historical extrajudicial killings in Kenya, identify both perpetrators and victims, and pursue appropriate legal action.

Additionally, the LSK demanded that all documented reports of such investigations be made public and that victims and witnesses receive protection under the Victims Protection framework to facilitate accountability.

The society emphasized that while public officers are protected by law in the performance of their duties, such protection does not extend to actions rooted in malice, impunity, or illegality.

“We are at the brink of constitutional collapse,” Odhiambo warned, urging a national paradigm shift and insisting that elected leaders, especially those sworn in as advocates, must uphold the rule of law and protect the lives and rights of all Kenyans.

Extrajudicial killings in Kenya have become an increasingly prominent issue over the past few decades, raising serious concerns about police brutality, human rights violations, and the rule of law.

While Kenya’s Constitution guarantees the right to life under Article 26, numerous reports from human rights organizations, including Amnesty International and Human Rights Watch, have highlighted a long-standing pattern of unlawful killings by state security agencies.

Extrajudicial killings in Kenya often occur in the context of political unrest, protests, and anti-terrorism operations, with security forces accused of using excessive force in managing crowds or suppressing dissent.

Historically, security forces have targeted individuals and groups they view as opposition, including members of civil society, protesters, and suspected criminals, with no legal recourse for victims’ families.

One of the most well-documented examples of extrajudicial killings was the 2007-2008 post-election violence, where both police and militia groups were responsible for widespread violence and killings, some of which were never investigated or prosecuted.

Since then, extrajudicial killings have continued to plague the country, with victims often left without justice or accountability.In recent years, the issue has come into sharper focus with the rise of citizen journalism and media investigations.

The BBC Africa Eye documentary, which exposed targeted executions of Gen Z protesters in 2023, served as a chilling reminder of the persistent abuse of power by police officers and the government’s failure to hold those responsible accountable.

The Kilgoris incident, where six civilians were killed by police during a land dispute protest, further amplified the urgency for accountability and reform within Kenya’s security forces.

Despite efforts by the Independent Policing Oversight Authority (IPOA) and other watchdog groups to investigate cases of police brutality, progress has been slow, with very few cases reaching prosecution.

The lack of accountability has led to widespread public distrust in the security forces and a growing perception of impunity within the police and military establishments.

The recent actions of LSK, demanding immediate investigations into extrajudicial killings, reflect the deepening crisis surrounding law enforcement in Kenya and the need for urgent reforms to restore public confidence in the rule of law and protect the fundamental rights of all citizens.

While the country has made strides in democratic governance since the early 2000s, the persistent issue of extrajudicial killings remains a threat to its democratic values and human rights.

The demand for justice and accountability, as echoed by the Law Society of Kenya, highlights a critical need for sustained and meaningful reform within the National Security Organs and the judicial system to ensure that Kenya remains a nation where the rule of law, justice, and human dignity are upheld.

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