KILLING IN THE NAME OF THE LAW.

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,”.