Police misconduct: From sexual harassment to malicious prosecution

Police arrests a man during protests along Kenyatta Avenue in Nakuru, on July 16,2024. [File, Standard] Corruption and harassment are the most common forms of misconduct by police officers in Kenya, according to a new report by the International Justice Mission (IJM). The report faults the National Police Service (NPS) for wrongful detention, threats to life, physical assault and malicious prosecution. The report also accuses the police of sexual offences, unlawful discharge of firearms that cause injuries and enforced disappearances. It further shows that one is likely to experience Police Abuse of Power (PAP) in public spaces compared to private spaces or government offices. Out of the 2,444 participants interviewed, 167 indicated that the police misconduct happened in a private space within their neighborhood, while 808 said that it happened in other private spaces. Only 124 participants said that they had experienced police misconduct in government buildings. The report shows that participants revealed that they were targeted at the end of the month. Misconduct was also reported during election time, rainy, harvesting and planting seasons. "Notably, incidents of police misconduct are common during market days and when police conduct operations to nab criminals or offenders of the law, commonly referred to as crackdowns," the report says. "Other occasions when participants indicated to have experienced police misconduct include during political demonstrations, social events, during inspections by county government officials, during strikes and during demolition of illegal buildings or structures." The report shows that Kisumu County was ranked the most prevalent place one could experience police misconduct. Other counties that ranked high are Nairobi, Garissa, Mombasa, Nakuru, Uasin Gishu, Kakamega and Kiambu with Machakos county ranking the lowest. Between March 2022 and March 2024, the report shows that 3,987 participants out of 5,700 said that they had witnessed PAP. The misconduct was observed in urban areas compared to rural areas, with a higher rate in Nairobi, Kisumu and Mombasa counties. Participants in Kakamega, Kiambu and Machakos reported being victims of PAP and witnessing police misconduct. The report also highlights harassment, inaction by police and abuse of office as some of the cases of misconduct that participants had suffered or witnessed, as well as assault. Others include use of obscene and abusive language, threats to life, destruction of property, detention of exhibits and death from police inaction. The report further shows that police were wrongly used in settling some matters including debts and family issues. The participants said that they would not report PAP cases for fear of their lives and lack of trust in authorities to handle the same effectively. Participants also do not report police misconduct due to the cost that comes with it, some do not know where to report the matters, while others cited lack of time, shame and inaccessibility of the relevant offices. From 3,632 participants 3,203 indicated that they would be willing to take part in the entire criminal justice process if they got the necessary support. "The willingness to participate in criminal proceedings was expressed by both men and women in Garissa, Kakamega, Kiambu, Kisumu, Machakos, Mombasa, Nairobi, Nakuru and Uasin Gishu counties." The report found that from 2,444 participants who had experienced police misconduct, 1,529 reported to the police, with Garissa county leading with non-reporting of such cases. "Participants also indicated reporting cases to non-CJS actors which included Chief/Assistant Chief, religious leaders, media, NGO, CBO and community leaders." Many participants believe that most of the criminal justice system institutions do not operate independently when addressing PAP cases. "They argued that criminal justice system institutions remain influenced by the political class and elites." The participants claimed that the budgetary allocation to the institutions has been used to capture them and cripple their operations.

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