Interior Cabinet Secretary Kithure Kindiki has insisted that the cases of deaths recorded during protests cannot be blamed on the police.
Speaking when he appeared before the National Assembly Committee on Administration and Internal Security, Kindiki said while police are allowed to use lethal force in certain circumstances, it should not be assumed they are behind the deaths.
He went on to say that just because someone died of a bullet wound where police are involved does not also translate to it being the police.
“The fact that somebody has been shot, it is not conclusive evidence that they have been shot by a police officer," Kindiki said.
"Maybe there is a presumption that the bullet is a of a police officer but as somebody who has practiced law for a quarter of a century, I can say this without fear of contradiction that the fact that somebody has died through a bullet where police officers were trying to control a crowd is not conclusive proof that person has been killed by a police officer,” Kindiki said.
The Interior CS explained there is a process that is followed to determine who the owner of the firearm involved in the shooting is.
He added that it is also the reason there is a justice system to help establish the truth about such incidents.
Kindiki added that once these processes are conducted and an officer is found culpable, they are held accountable for their actions.
“The process of proving the owner of the gun that discharged a killer bullet is a forensic process and I am not ruling out the possibility that a police officer may have used their firearm outside the law.
“That is why the justice system must help us establish truth without shielding anybody. If a police officer went outside the law, they must be held accountable,” Kindiki said.
The CS clarified that out of the 42 people who died as a result of the protests, some of the died out of bullet wounds but it does not mean it was the police.
Kindiki also noted that the Independent Policing Oversight Authority (IPOA) already opened investigations into the cases.
The CS defended the use of force by the police as protesters invaded parliament saying that had force not been used, the country would be talking about a very different scenario today.
“It is not true to argue that a police officer cannot use force,” Kindiki said as he responded to a question from a member of the parliamentary committee.