Opinion: Use of excessive force by police officers must be discouraged

The killing of a suspected gangster in Eastleigh, Nairobi, on Friday last week has elicited mixed reactions.

In light of the growing cases of crime around Nairobi that often lead to murder, it is easy to understand why some residents of Eastleigh and the neighbouring estates have come out to support the killing.

Similarly, one appreciates concerns raised by those opposed to the killing since it falls under the classification of extra-judicial killings for which the police have been severally condemned.

Indeed, the Law Society of Kenya has come out forcefully to present the killing as proof of extra-judicial killings in Kenya.

It is estimated by the Civil Society that over 300 individuals have been killed or disappeared since 2006 following contact with the police.

Two things, however, remain clear; that the right to life is inalienable and a person remains innocent until proven guilty by a court of law.

The National Police Service Act stipulates that a police officer may use force, but only after non-violent means have failed to work. Clearly, this was not the case with the Eastleigh man as he had given himself up for arrest.

What is more disturbing, however, is that while Inspector General of Police Joseph Boinett condemns the killing and promises action, one of many that are yet to be finalised, the Nairobi County Police Commander Japheth Koome stood by his officers, arguing that the man they shot dead had earlier killed a police officer.

This line of reasoning is dangerous because it gives the impression that police officers have the right kill if in their line of duty, one of the officers gets killed.

While this violates an individual’s right to fair trial, it plays into the hands of those who have claimed the police indulge in extra-judicial killings and have a hand in the disappearance of persons suspected of criminal activities.