Koome, KNCHR, Ipoa give conflicting reports on protests

The Inspector General of police said the cops acted within the law despite alleged provocation.

In Summary
  • KNCHR and Ipoa say both the police and the demonstrators offended the law in handling the protests.
  • However, Koome said the cops acted within the law despite alleged provocation.
Azimio leader Raila Odinga's convoy teargassed at 5th Avenue Eastleigh during mass action on Monday, March 20, 2023.
Azimio leader Raila Odinga's convoy teargassed at 5th Avenue Eastleigh during mass action on Monday, March 20, 2023.
Image: ENOS TECHE

Effects of Monday street protests continue to unravel with critical entities in the county’s policing giving conflicting assessments on Tuesday.

The Kenya National Commission on Human Rights, Police watchdog Ipoa and Police Inspector General Japheth Koome gave conflicting feedback on the public action with each portraying different perspectives.

While KNCHR and Ipoa say both the police and the demonstrators offended the law in handling the protests, Koome said the cops acted within the law despite alleged provocation.

Koome said the “unwarranted day-long standoff that was witnessed in Nairobi and Kisumu on Monday mounted to nothing but violence against police and economic sabotage.”

Police said they arrested 238 protestors around the county, 31 police officers were injured and 10 police vehicles were damaged.

On fatalities reported, Koome acknowledged the police shooting of a Maseno University student but said the deceased was part of a crowd that stormed the local police station and hurled stones at offices.

The third-year student William Mayange is said to have been shot by the police in the neck and was pronounced dead on arrival at the hospital.

They had overpowered the officers who had also run out of teargas canisters as the demonstrators also hurled stones at them injuring six officers and this prompted the security agents to use live bullets to disperse the rowdy crowd.

Koome says the police remain impartial and professional in discharging their mandate and that the officers should be commended for sacrificial service to the nation.

However, KNCHR censured the police for using live ammunition in responding to the Azimio protestors.

The commission says its preliminary observation shows that police used excessive force in restraining the protestors citing instances when the cops fired tear gas canisters, rubber and live bullets without provocation.

Commission chairperson Roselyne Odede said on Tuesday in a statement that the police watchdog Independent Police Oversight Authority should probe the conduct of the police and that IG Japheth Koome should restrain police use of force.

“Ipoa should carry out independent investigations. In the meantime, the immediate call to action is to urge the Inspector General of Police to restrain and control any use of live bullets against protesters as it amounts to excessive force,” the commission said.

However, the body also condemned several protestors who turned unruly and started looting private property and damaging public assets.

She also called out some who were captured on camera hurling stones at offices during the public action.

“The commission calls out the demonstrators or those taking advantage of the protests to destroy property, harm others and loot. Such conduct is criminal and prosecutable with penal consequences. Police should arrest and arraign all those involved in any form of criminal misconduct,” they said.

The protests held in different parts to address issues such as electoral reforms, economical development and corruption in Kenya also spread to Raila Odinga’s stronghold during the elections, Kisumu.

Ipoa chairperson Anne Makori on her part said that while the police largely operated within the law, the authority was investigating two incidents that suggested a spillover of force.

She cites the Maseno incident and the Toi market shooting that resulted in grievous harm of a man allegedly attributable to police.

“The authority has since launched an investigation into the incident and is on standby to take up investigation on any incident that may arise in the interim,” she said.

Ipoa says the police were provoked by politicians organizing the street action and the protestors, cautioning the lot to abide by the law.

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