Independent investigations have revealed that there has been excessive use of force, lack of accountability and inadequate preparedness on the part of the police during the various past protests.
Also noted are significant breaches of constitutional policing standards, including use of disproportionate force, lack of professionalism, and failure to uphold public safety and rights.
According to the Independent Policing Oversight Authority (IPOA), for example, though there have been some cases of commendable displays of restraint and professionalism by police officers, there have been cases of inconsistent enforcement of the Public Order Act, excessive use of force and anonymized police officers and vehicles among other issues.
In Kitengela, just like in other areas, some police vehicles had concealed number plates, and certain commanders had hidden their rank insignia and nametags. Uniformed officers were also observed without visible nametags or service numbers on their uniforms.
“There were also gaps in engagement with protest organizers and the trend where protestors who are initially peaceful turn violent. These shortcomings collectively contributed to the injuries, fatalities, and property damage experienced during the demonstrations,” Ipoa says.
Other reports indicate that the police mostly deem protests as riots and focus on using force instead of facilitating the demonstrations by ensuring the maintenance of peace and order.
According to the police, those who were not involved in the actual looting but were found in possession of such items are also not off the hook.
Under Section 322 of the Penal Code, it is an offence to knowingly receive, retain or dispose of stolen goods, and a person is liable to imprisonment for a term not exceeding 14 years. Following these demonstrations, hundreds of suspects have been arrested with items suspected to have been stolen.
Preliminary investigations revealed common but peculiar characteristics: the suspects did not offer reasonable explanation how they came into their possession, some of them either did not need or able to afford them, and that the goods were found to have been stolen during the demos.
Under the doctrine of recent possession, such suspects are presumed to be either the thieves or receivers.