Every Kenyan should cross his fingers and hope the worse not
to happen, because if the National Police Service (amendment) bill is passed
the “Men in uniform” will officially receive the powers to shot and kill in
performance of their “legal duty”. The current law is that a police officer
will only use a firearm if: saving and protecting his life and others or in
self-defence or in defence of other person against imminent threat of life or
serious injury.
The new bill adds power on the police to use fire arms to
protect life and property, prevent a person from escaping from a lawful
custody, prevent person who attempts to rescue another person from lawful
arrest.
Just recently in Kawangware six Administrative Police in
cold bleed, shot and killed seven unarmed taxi drivers in the name of “performing
their duty” but thanks to the High court
Justice Fred Ochieng’ sent them all to the gallows since the law had provided
that that they have to prove that their lives should be in danger which they
failed to do. This is a clear example of how the police officers can misuse
their arms if given any slight chance and if this bill is passed then the lives
of civilians will be more in danger since a wider opportunity will have been
created.
I find no need for police to be added new powers since this
will expand the negligence and the recklessness practised by the rouge police
in our beloved country. I do appreciate the importance of this law since just
recently 42 officers were killed in Baragoi,Suguta valley when they had gone to
secure the property that had been stolen
by cattle rustlers and this new bill will give the police more
confidence when performing their duty to protect the property of Kenyans but on
weighing the advantages and disadvantages you will realise we have more to lose
than gain since first of all this law will be a detriment to the constitutional
right; the right to life, it will be inconsistent to the UN principles of use of Firearms and Force
and more so the Truth, Justice and Reconciliation Commission(TJRC) recommended
police not to use firearms to protect property and went even further to state
the Police are among the Security
agencies involved in gross violation of
human rights this including extra judicial killings.
Currently the police can use firearms during carjack and on reasonable
belief suspects is armed or if a person damages or steals property and is threatening
to cause serious injury or death. If this law is amended then even a pickpocket
steals a purse police will just shot and kill the thief in the name of
protecting property. More so the police may misuse these power and they may
kill any one and claimed he had stole some property and even your own phone the
police may claim it was a stolen phone and hence they shot and killed you.
For instance in Githurai 45, Kimbo a man Kenneth
Kimani was shot dead by the police at a bus station and police alleged
that he had stolen a Samsung phone which was worth less than Ksn.9000 and
witness who were there during the shooting stated that Kenneth Kimani had
nothing in his pocket or hands when he was shot dead. And even after the shooting
three ambulances were prevented from taking him to hospital. In light of the
above true incident that happened in Kenya do police really need these powers?
The second issue brought by the new proposed bill is that it
deletes a section in the current law which empowers junior officers to refuse
to carry out duties which need use of force (firearm) given to them by their superiors,
if the duties are unlawful. By deleting this section it exposes junior officer
to misuse by superiors and make them like puppets, carrying out orders without
questions. Hence they can be used to carry out illegal acts such shoot to kill
innocent civilians. In my view this will make police officers murders for hire
and will lead to injustice.
My opinion is mechanisms should be in place for
accountability for death caused by Policeofficers and they should live upto there Motto of ; Utumishi Kwa Wote. Since the new bill bring up
an assumption that the police are good in killing but not in law enforcement and
in the words of Justice Fred Ochieng’ i will end by saying “the police are supposed to provide security, not to take away lives,”.
