Sovereignty, democracy, and constitutionality will be on the brink of imploding. Accordingly, it is the duty of every right-thinking citizen, especially those entrusted with positions of power and service, to take urgent, deliberate, and objective action to end the menace of extrajudicial killings, bring its perpetrators to book, and find justice for all victims of these heinous criminal elements within our security organs.
We have taken note of a status update released by the Independent Policing Oversight Authority (IPOA) on 28th April 2025, highlighting the steps it has undertaken to address some sixty (60) cases of police brutality that have been registered with the Authority. From the face of the update, it appears that several of the cases have been or are currently undergoing investigation. Unfortunately, and for reasons not disclosed by the Authority. Nearly a year later, only six (6) investigations have been completed and escalated to the Office of the Director of Public Prosecutions and/or courts. This statistic is not only underwhelming, but it is proof of dereliction of duty.
In times such as this, laxity, complacency, and lack of urgency are tantamount to complicity. IPOA has overstretched the grace and patience of the Kenyan public, and we hereby put the Authority on notice that they run the risk of being liable for refusal to act within their mandate. Nevertheless, we acknowledge that the resolution of these matters requires a collective approach, involving all stakeholders and citizens. In the circumstances. The Law Society of Kenya appreciates that the country is in dire need of a paradigm shift. And we therefore recommend and demand as follows:
1. That the National Police Service Commission and the Independent Policing Oversight Authority escalates the investigations into the mass killings perpetrated by officers during last year’s demonstrations to a priority status, and works to resolve the outstanding cases, both registered and those not registered but within the public domain, within the shortest time practicable:
2. That the Office of the Director of Public Prosecutions instructs the Inspector General of the National Police Service to sanction and undertake immediate investigations into each of the officers captured and identified in existing images and videos, meting disproportionate violence against members of the public and/or who are suspected of or implicated in the extrajudicial killing of innocent Kenyans:
3. That the National Security Council issues a directive to all investigative agencies within the territory of Kenya to avail all resources and expertise necessary to establish the full extent of historical extrajudicial killings in Kenya, identify the perpetrators and victims, and take available legal action against or in favour of them respectively: and
4. All documented reports of any investigations and inquiries that have been undertaken concerning historical extrajudicial killings be made public, and all Faith Odhiambo (President), Mwaura Kabata (Vice-President)
Tom K’opere. Teresla Wavinya, Howa Manwa, (General Membership Representatives) Gloria Kimani, Irene Otto, Stephen Mbugua (Nairobi Representatives), Vincent Githaiga. Lindah Klome, Hezekiah Aseso, Zulla Roble (Upcountry Representatives), Elizabeth Wanjeri (Coast Representative)
victims and witnesses thereof be placed under Victims Protection to pave the way for the prosecution of the officers involved or suspected of involvement.
We note that while constitutional and statutory protections exist to protect holders of public office from persecution for undertaking their mandate, these protections only apply where the actions reflect good conscience and legal fulfillment of mandate. These extrajudicial killings, the inaction in resolving and putting a stop to them, complicity in concealing their existence, and the impunity of justifying why they have been perpetrated do not fit within actions that are protected by law.
