At least 11 people were killed in Kisumu and Kisii counties during the anti-government demonstrations last month.
Amnesty International in conjunction with the Law Society of Kenya (LSK) and the Kenya Medical Association (KMA) on Friday, said police used excessive force to disperse protestors during the riots.
“Between 28-30 July 2023, Amnesty International Kenya, the Law Society of Kenya and the Kenya Medical Association visited Kisumu and Kisii Counties,” the three organisations said in a joint statement.
“We are saddened to report that preliminary investigations confirm that at least 11 people were killed, most suffering bullet wounds and a few cases of blunt-force trauma.”
The report’s findings also revealed that during the period, 107 police assault cases were recorded in the two regions, with 47 of these being gunshot related.
“Initial reports indicate that police shot indiscriminately at unarmed protestors, including those who had surrendered or were running away from the police,” the statement added.
“In one incident, an unarmed protestor, who served as an eyewitness in an arson incident, was shot and killed by a police officer.”
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The agencies want the State to assure the safety of families and victims who are yet to report violations out of fear of intimidation or re-victimisation at police stations.
Amnesty International Executive Director Irungu Houghton urged the Independent Policing Oversight Authority (IPOA) to conduct an independent probe into the said cases of police killing Kenyans because of using excessive force.
“Victims and survivors of violent acts by police officers have a constitutional right to life and equal protection before the law,” he said.
“These violations must not go unresolved. Police officers found culpable of using excess force must face a court of law and answer to these charges alongside their commanding officers.”
“We condemn the utter disregard of Constitutional provisions by the police on the rights of arrested persons as protected in Article 49. We demand that all investigating officers who arrested, held and presented accused persons beyond the statutory timelines be held accountable – said Eric Theuri, Chairperson Law Society of Kenya.”
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They said they are concerned that emergency service providers, including health workers and journalists, were sometimes attacked and/or prevented from accessing medical facilities.
“We strongly condemn attacks on medical facilities, including lobbing teargas in medical facilities, ambulances, and attacks on healthcare workers and journalists.”
“We call on the state to develop guidelines on offering safe passage and protection for emergency service providers during protests. We cannot be a nation which attacks its doctors,” said Simon Kigondu, President of the Kenya Medical Association.
The agencies said Social Justice Centers belong to communities and are designed to serve and promote human rights.
“We call upon the police to substantively investigate cases of targeting, including the abduction of Human Rights defenders and guarantee the security of social justice centres and guarantee protection.”
They called on the newly announced dialogue teams of Azimio la Umoja and Kenya Kwanza representatives to revisit the unlawful use of excessive force by the National Police Service and agree on actions that hold those in police command responsible.
“A separate parliamentary commission of inquiry should be formed to investigate the instructions given to police officers across the affected counties, the use of non-uniformed and non-commissioned officers, names and locations of police officers hurt or killed, any failure of police officers to inform IPOA of any fatal exchanges or use of weapons and ascertain whether there was any disciplinary action taken against officers who have violated their standing orders.”
They called for the immediate release of all persons who have remained in custody for more than 24 hours or have not been charged according to their rights.
“Arrests must be carried out legally and not as a tool to punish or intimidate people. All those arrested have the right to know the charges being referred, legal representation, medical assistance and bail or bond within 24 hours.”
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