'Toothless' oversight bodies
The Independent Policing Oversight Authority (IPOA), mandated to investigate police misconduct, takes the share of blame for its apparent failure in ensuring justice for victims of police brutality.
Chronic underfunding, political interference, and lack of prosecutorial authority have been attributed to its this failure. In its July-December 2023 performance report, the authority noted:
"IPOA also experienced challenges that affected its operations, including inadequate funding, non-cooperation by some witnesses and NPS officers, and limited implementation of its recommendations. We recommend enhanced budgetary allocation and compliance with Section 10(m) of the NPS Act."
Despite high-profile cases and widespread documentation of abuses, few cases proceed to court-and even fewer lead to convictions.
Use of police to settle political scores
The police service has also been used as a tool for political repression. During the 2024 anti-government protests, dozens of demonstrators were killed or injured yet no senior police commanders have been prosecuted or disciplined for their role in the violence.
Recently, activist Rose Njeri was arrested after developing a web platform to enhance public engagement with Parliament. Her detention is a classic example of police can be used to frustrate government criticis because charges against her were later dropped after public uproar.
"The politicisation of the police reinforces a culture where officers feel emboldened to act with impunity," said Hussein Khalid on Spice FM. "Institutions like IPOA are deliberately underfunded to render them ineffective. They are kept alive just to tick the boxes."
Delayed justice
The tragic 2017 killing of six-month-old Samantha Pendo remains one of the most heartbreaking symbols of delayed justice. Police were accused of shooting her to death during a post-election crackdown in Kisumu. Years later, her family and rights advocates still await closure, as the case crawls through the judicial system.
Each delay deepens the frustration of victims and erodes trust in institutions meant to protect them.
Marginalised communities bear the brunt
Police brutality is most pervasive in Kenya's low-income areas, where residents are most vulnerable and least empowered to seek justice. Fear of retaliation discourages reporting of abuse, and legal representation is often inaccessible.
These communities endure systemic violations in silence, enabling impunity to thrive unchecked.
Training gaps and mental health neglect
Human rights organisations, including the Kenya National Commission on Human Rights (KNCHR), have consistently criticised the police service for inadequate training in human rights, de-escalation, and crisis response.
Officers often work under intense pressure, poor pay, and without mental health support. These conditions can aggravate aggressive behaviour and foster hostile interactions with civilians.