Tax riots: ICJ wants Ipoa probe on alleged police excesses

The International Commission of Jurists has condemned the violence witnessed during the protests against the Finance Bill, 2024.

The Commission has called on the Independent Policing Oversight Authority (Ipoa) to probe incidents where police may have used excess force to quell Tuesday's Occupy Parliament protests and Thursday's countrywide demonstrations.

According to the Commission, there was violence meted on peaceful protesters.

Kenyans across the country took to the streets to protest against the Bill the government wants to use to collect additional revenue to a the tune of Sh346 billion.

ICJ claimed that on both Tuesday and Thursday, the Commission observed the arbitrary arrest of at least 335 peaceful and unarmed protesters.

Chairperson Protas Saende said the arrests were often carried out by unidentified persons in civilian clothing, undermining accountable policing.

"Notably, the arrested individuals were not informed of the reasons for their detention, violating their rights under Article 49 (1) of the Constitution," Saende said.

He said the incidents were widely documented by the media and shared on social media.

He further said ICJ commends the Director of Public Prosecutions for refusing to charge the protesters who were arrested.

Saende, however, expressed concern that journalists and civil society observers were among those arrested and, in some cases, injured.

"ICJ Kenya emphasises that the National Police Service must protect the work of journalists and observers who play a critical role in ensuring public access to information," he said.

Saende said the Commission is concerned that reported incidents of injuries likely resulted from excessive and unlawful use of force and firearms against peaceful protesters.

The ICJ chairperson acknowledged that the state, as the holder of the monopoly on legitimate violence, is entitled to use force to protect people's rights and uphold the law.

He, however, added that the United Nations Basic Principles on the Use of Force and Firearms and the Sixth Schedule of the National Police Service Act require that police officers attempt to use non-violent means first.

He said that force may only be employed when non-violent means are ineffective.

"When force is used, it must be proportional to the objective, the seriousness of the offence, and the resistance encountered," he said.

"We reiterate the use of live bullets against protesters is disproportionate and unlawful. Lethal force should only be used to save lives and limbs," Saende affirmed.

He said police are at all times expected to uphold their duty of independence and neutrality.

The ICJ chair pointed out that the Constitution and international law call upon the police to remain neutral during protests unless the expression violates Article 33 (2) of the Constitution, which excludes hate speech, propaganda for war, incitement to violence, and vilification of others.

He said the Commission holds that the twin protests addressed legitimate concerns.

"We call upon the National Police Service, the Ministry of Interior and Coordination of National Government, and the Independent Policing Oversight Authority (IPOA), among other stakeholders, to review laws and practices around policing protests to enable the right to protest rather than cause destruction, injury, and death," Saende said.

MPs on Thursday voted to pass the Finance Bill, 2024 through the Second Reading with 204 votes against 115 MPs who opposed.

The Bill has now gone to the Committee of the whole House where proposed amendments will be debated and voted on before a final vote is taken on Tuesday, June 25, 2024.