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Saturday December 17, 2022 – The High Court has invalidated several sections of the National Police Service Act limiting instances where they can use firearms.
The High Court invalidated paragraphs 1(c), (d), and (e) of Part B of the Sixth Schedule of the National Police Service Act.
According to the Act, paragraph 1 (c) states that protection of life and property through justifiable use of force, and paragraph 1(d) preventing a person charged with a felony from escaping lawful custody.
While paragraph 1(e) states that preventing a person who attempts to rescue or rescues a person charged with a felony from escaping lawful custody.
This was after Katiba Institute and Africa Centre for Open Government (AfriCOG) filed a constitutional petition in 2017 to challenge the two sections of the law.
In the petition, the International Justice Mission (IJM) and Kenya Human Rights Commission (KHRC) were mentioned as interested parties.
Additionally, in the petition, Katiba Institute and AfriCOG challenged the amendments to the Act.
According to the petitioners, the amendments expanded circumstances in which officers can use firearms beyond self-defence and the protection of another person.
“The amendments allowed officers, for example, to use their weapons to protect property even if there were no risk of serious physical harm to the officer or others,” read the petition in parts.
In addition, the petitioners claimed that the use of firearms when the officer was not at risk was unconstitutional, violating the rights to life, human dignity, freedom and security of the person, and fair hearing.
This comes even as Inspector General Japhet Koome urged police officers to be steadfast in their duty and shun those who threaten to sue them over their use of firearms.
“Oversight bodies were silent about police officers killed in the line of duty and only voiced reservations when police officers shoot a crime suspect,” the IG decried.
He added that he is behind his officers as they go on with their businesses noting, “Today we are mourning and I do not see them anywhere.”
The Kenyan DAILY POST
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