Background Statement
Since the establishment of the Kenya Police by the British colonial government in 1907 to the present, its relationship with civilians has been marked with indifference and brutality, as evidenced by the report from the Kenya police service strategic plan 2003-2007.

The Kenya Police moto; 'utumishi kwa wote' (service to all) is a huge Irony, given the evident cases of police brutality: killing of innocent civilians, raping of girls and women, vandalism, just to mention but a few. This level of impunity is heightened by the protection the police enjoy from the authorities. In the pretext of service to the public, a great disservice ensues and social injustices are committed, especially during protests. Where is the 'utumishi'? Consequently, the public has lost trust in the police.

Kenya policing is haunted by its colonial past of indirect rule that was tailored to serve the interest of colonial rulers. The policies derived from the alien culture were merely imposed on the Kenya Police without customisation. Post independence, however, the colonial policing system was adopted, and brutality was injected along ethnic, political and tribal lines, curbing and thwarting conflicting ideologies, 'trimming persons to their size' and bringing democracy to question. The first Kenyan president Mzee Jomo Kenyatta and his successor Daniel Arap Moi were no different from their predecessors in governance. However, Kenya saw a ray of hope with the promulgation of the new constitution, in 2010, which gave rise to police reforms.

Attemp at Reforms

These reforms sought to restore broken trust between the police and civilians and to change their perception of the law enforcement officers from perpetrators of corruption, violence, impunity and brutality to servants and ambassadors of peace, unity, justice, our shield and defender, as in the Kenyan National anthem. The process was aimed at building the tarnished image of the police. However, it is no surprise that it is a stagnated course with very minimal changes, if any. Human rights watch reports assert that police brutality is on the rise, reaching its peak during electioneering periods, with 2007 post-election violence standing out as the worst of all cases recorded after repealing section 2(A) of Kenya constitution and multiparty politics in 1992. More recent cases of police brutality have been reported during the COVID-19 pandemic with the introduction of restrictions in movement and dusk-to-dawn curfews, in obstinance to the National Police Commission Act, Bill of Rights in the 2010

Brutallity

1,133 deaths were recorded in 2007, 405 of which resulted from gunshots wounds and according to the reports, police were responsible. 2017 was almost as bad with several cases of police brutality recorded before and after the August general elections. In an attempt to contain rioters in affected areas, a dozen injuries and at least 33 deaths were reported for which police were responsible, some of the victims being under age children. These demonstrators were met with the full force of law without consideration of Chapter 4 of the Bill of Rights of the Kenya Constitution (section 37 rights to assembly, demonstration, picketing and opinion).

 Police brutality abounds as it seems and just like COVID-19, may become the new normal. It is here with us, to stay!

Petition Statement.

This is apetition in support for the release of all citizens or non-citizens arrested and detained during the COVID-19 curfew crackdown in Kenya by Kenyan Police.

The Public Order Act allows for the imposition of a curfew within a part or all of Kenya by the Cabinet Secretary of the Ministry of Interior (CS Interior). The 5.00am to 7.00pm curfew to be observed in Kenya was formalised through Legal Notice 36 of 2020. The penalty for failure to observe the curfew includes either a fine of up to KSh10,000, imprisonment for up to three months, or both.

The Constitution of Kenya provides all accused persons with the right not to be convicted for an act or omission that was not an offence in Kenya or under international law at the time. This, along with the Public Order Act, the PHA and the Public Health Rules 2020 provide the necessary legal framework to bolster the extraordinary measures which the government finds itself having to take in reaction to the developing pandemic. This legal framework ensures that the principle of legality is observed and that the authorities do not arbitrarily arrest Kenyans for offences which might not actually be crimes.

Help us achieve justice for our fellow Kenyans by signing this petition Today.

Edwin .N.

PoliceWatch Kenya