• The CLA said demonstrations are provided for by both the Kenyan Constitution and the Universal Declaration of Human Rights.
• CLA said this right must be upheld and respected by those in authority and police should desist from using excessive force against unarmed civilians.
Image: DANIEL OGENDO
The Commonwealth Lawyers Association has condemned the brutal force with which police used to control crowds during last week's mass protests across the country.
In a statement on Wednesday, the CLA said demonstrations are provided for by both the Kenyan Constitution and the Universal Declaration of Human Rights and as such, appropriate action should be taken against officers who committed criminal acts against protesters.
"The police uniform should not provide protection against accountability. Uphold the Kenyan Constitution, in particular Article 37, and the rule of law at all times," the body said.
Article 37 of the Constitution grants the unfettered right to assemble, demonstrate and picket, but participants must be peaceful and unarmed.
CLA said this right must be upheld and respected by those in authority while police should desist from using excessive force against unarmed civilians.
"The CLA is gravely concerned about the acts of aggression by the Kenyan police and wishes to stand in solidarity with the victims of police brutality in Kenya following the protests. Bear in mind that the people are at the heart of any democracy and they must be engaged respectfully."
During the protests held between Wednesday and Friday last week, several people were killed during violent clashes between anti-riot police and protesters.
The opposition Azimio la Umoja coalition called for protests over the rising cost of living and the introduction of controversial tax measures via the Finance Act, of 2023.
Opposition leaders, human rights organizations and foreign missions condemned the police for using live bullets and disproportionate crowd control weapons like teargas and water canons against demonstrators.
No official statistics have been released but Azimio claims at least 50 people died although some rights groups said it's roughly half the number.
Interior CS Kithure Kindiki on Tuesday issued a statement saying investigations are ongoing and those found to have supplied guns that were used to kill civilians will be prosecuted.
He absolved police from alleged extrajudicial killings saying the criminal acts were perpetrated using civilian guns and the blame shifted to the police.
"The scale of violence and destruction occasioned by persons masquerading as peaceful protestors exercising their Constitutional rights shock the conscience of mankind," Kindiki said.
"Consequently, relevant agencies of the criminal justice system will proceed to conclude the analysis of the available evidence to bring to account all those involved."