The use of force and firearms in the context of assemblies in Kenya : rules and accountability

Abstract

The right of peaceful assembly is guaranteed under the Constitution of Kenya, and in international treaties that Kenya has ratified. However, its actual exercise has been inhibited by restrictive public order laws and permissive rules and regulations governing the use of force and firearms by law enforcement officials. As a result, cases of excessive use of force by the police during assemblies, sometimes leading to loss of lives and serious injuries, have been common. Accountability for such violations, on the other hand, has been rare. This thesis addresses how human rights violations by the police during assemblies in Kenya can be prevented and redressed. In doing so, it interrogates the international legal framework on the right of peaceful assembly and on the use of force and firearms by law enforcement officials, and assesses the compatibility of the domestic laws with international standards. The thesis also analyses the organisational and operational structures of Kenya’s National Police Service (NPS) how they shape interactions between assembly participants and law enforcement officials. In addition, it assesses the existing police oversight and accountability mechanisms at the domestic level in Kenya.

The thesis finds that there are gaps in the Kenyan legal framework on the right of peaceful assembly and on the use of force and firearms by law enforcement officials. It also finds that there are gaps in relation to the organisational and operational structures of the National Police Service, and in the police oversight and accountability mechanisms. It demonstrates how these gaps collectively influence the manner in which law enforcement officials in Kenya police assemblies, and the extent to which they are held accountable for human rights violations committed in the context of assemblies. The thesis then proposes recommendations on legal, administrative and other measures that should be taken to enhance the enjoyment of the right of peaceful assembly, prevent human rights violations by law enforcement officials during assemblies and enhance accountability for violations.