Interior ministry tells police to exercise restraint, but use ‘reasonable force’ if protests turn violent

The Ministry of Interior has urged police officers overseeing the nationwide peaceful anti-government protests to exercise restraint and employ non-lethal force during their patrols.

In a statement to newsrooms on Tuesday, the Interior Ministry emphasised that although police officers are authorised to use deadly force in certain scenarios, law enforcement personnel must uphold the sanctity of human life.

"While the police are guided by the National Police Service Act which prohibits the use of excessive force in the execution of their duties, Section 49 of the Police Service Act allows the security officers to use force only when it is necessary and to the extent required in the execution of their duties," read the statement.

"Security agencies are under instruction to exercise restraint during peaceful protests and use of non-lethal force to ensure public safety."

According to the ministry, police are justified in using appropriate force when protests, for instance, escalate into criminal activities.

"The police can indeed be compelled to use reasonable force when isolated and specific scenarios of protests escalate to criminalities including rioting, looting and burning of properties, disruption of traffic through erection of road blocks on major highways and invasion of critical and protected infrastructure," said the Interior ministry.

Further, the ministry noted that all arrests made across the country must adhere to the guidelines outlined in the criminal procedure code, which specifies procedures that police must follow when making arrests, as well as rules governing the detention and trial of suspects.

"Essentially, it ensures that law enforcement authorities conduct arrests in accordance with legal standards and procedural requirements," the statement noted.

"Anyone aggrieved by police actions is welcome to seek redress through our established criminal justice system, including the courts."

Additionally, the ministry urged President William Ruto to initiate the process of establishing the Coroner General’s Office as per the National Coroners Service Act 2017 to investigate deaths, including those resulting from police action.

The Coroner General’s Office, the Interior ministry says, will also ensure accountability and transparency in cases of suspicious deaths.

"We remain on high alert concerning the insecurity posed by protests infiltrations and the cases of violence and disruption of public order. A National Multi Agency Command to coordinate the security operations has been established," added the Interior ministry.   

"Criminals camouflaging as peace-loving will be dealt with firmly in strict adherence with the law and the National Police will continue to pursue all those culpable, whether the crimes were committed today or on in the past."

The statement comes as the Kenya National Commission on Human Rights (KNCHR) reported that a total of 50 people have lost their lives across Kenya since the commencement of the anti-finance bill demonstrations on June 18, 2024.