Assault on a policeman sparks debate on conduct, safety

A screenshot of a confrontation between a traffic police officer and an outraged motorist in Nakuru. 

In the digital age where every moment can be captured and shared within seconds, the recent video showing a disturbing scene along Kamiti Road in Mirema, Nairobi has ignited debate. The footage shows a confrontation between a motorist and a traffic police officer and has renewed debate on traffic regulation enforcement and the readiness of police to handle civilian confrontations.

The incident, which took place along Kamiti Road, has prompted a flurry of reactions from Kenyans online. Many are questioning the police response and their methods of handling such situations as well as the motorist's outburst. The video shows nineteen-year-old Ian Njoroge engaging in a physical altercation with a traffic officer, a scene that has raised concerns about the interaction between police officers and civilians on Kenyan roads.

Reports suggest that the police officer entered Njoroge's vehicle to arrest him before Njoroge attacked him with kicks and blows. The public intervened to save the officer, highlighting the tension and potential danger in such confrontations. During interrogation, Njoroge revealed details about his parents' occupations and denied having any prior training in assaulting officers. He attributed his actions to frustration, alleging that the officer demanded an exorbitant sum of money which he could not afford.

"I was just angry. We did not understand each other because he wanted a lot of money which I could not get," Njoroge said. The interrogating officer quickly interjected, "What are you saying?" before asking Njoroge to insult himself. "Sema wewe ni wazimu (Say you are a fool)," the officer instructed, to which Njoroge replied, "Mimi ni wazimu kabisa (I am a fool)."

On the vexing subject of police training, some officers have confided with The Standard that the training is adequate to equip one to handle civilian confrontations amicably but efficiently.

According to the police source, police train for nine months and then proceed to be trained on track laws and how to manage operations.

“The training is good but unfortunately many people go through the training school hoping for quick riches instead of what the law requires of them. That's why a good number of officers are seen extorting knowing that Kenyans don’t understand the law,” said the officer who spoke on condition of anonymity, adding, “And this was seen during the police vetting where officers could not explain the millions they have in bank accounts.”

In the Mirema incident, questions have been raised about why the officer, said to be nearing retirement age, was assigned alone. A top officer in Nairobi, stationed at Vigilant House, expressed concerns about this. "We are usually assigned in teams of three depending on the duty, and there is no way that officer should have been sent on the road alone," he said.

The officer's remarks are echoed by the Chairperson of the Transport Licensing Appeals Board, Dr. Adrian Kamotho Njenga, that the incident was unfortunate and that every road user must be responsible. Njenga emphasized that roads should be safe for everyone and that there are mechanisms in the law to address any arising issues.

“It is a very unfortunate incident, and the roads should be safe for everyone. Violence is not an option and should not be inflicted on other users. There are laws to protect everyone, including the police and motorists,” Njenga said in a phone interview.

Both Njenga and Lawyer Kinuthia Waithera of Waithera Kinuthia & Company Advocates stated that, based on the evidence, a number of crimes appear to have been committed.

“There is a possibility he committed a crime. He failed to comply with traffic law and proceeded to assault a police officer. Stern action should be taken,” Njenga noted.

However, they emphasized that there should be no torture and that Ian Njoroge should be protected like all Kenyans.

“Two wrongs don’t make a right. Violence should not be tolerated at any level. If they tortured him, IPOA and police should investigate and address the issues,” Waithera told The Standard.

She added that there has been a parasitic relationship between the police and those in the transport business who assume they have to bribe the police to operate on roads.

“There are mechanisms for addressing police injustice, and corruption is bad. If asked for bribes, you should visit EACC,” said Waithera.

Kamotho explained that compliance on the roads has improved but called on road users to follow the law and report any harassment from police.

“We are here as a board to serve you and ensure the roads are good. Come to us, we will address your issues, and if they are not under us, we will advise you on the office to visit, and you will be helped,” Kamotho said.

According to Kenya's Traffic Act (CAP 403), uniformed police officers possess the authority to stop vehicles, conduct examinations, and even drive them if necessary for testing purposes. 

“If a police officer enters your car, you should take him or her to the police station; it is wrong. And this is what we call a toxic relationship,” Waithera Kinuthia explained.

On police treatment of suspects during interrogations, with allegations of harassment and verbal abuse surfacing in the dialogue surrounding the case, Waithera stated that the law outlines how a suspect should be treated and that only the court can declare Ian Njoroge innocent or guilty.

“We need proper investigations, and the judicial process must be followed. Ian Njoroge is innocent until the court declares him guilty,” Waithera said. “It is very unfortunate. The family must complain to investigate the police officers. It’s the court that declares someone guilty. IPOA should investigate,” she added.

Some civil society groups joined the lawyers in calling on Kenyans to read the Traffic Act and understand it. “If arrested, the suspect should be given a cash bail and asked to go to court on a specific date,” Waithera explained.

Kinuthia explained that it is difficult to determine what happened before the incident.

“We don’t know the offense he committed. The assault is a misdemeanor that attracts a three-year jail sentence,” she said.

She added that the regulations by the National Council of Justice state that for a traffic offense, you should be released on cash bail and go to court.

She said, “Police officers have no right to enter your car to follow you to the police station. It's not good to give them a lift to the police station. If the police request a bribe, you can report to EACC. Police understand that many Kenyans do not know their rights. If you are in a position, you can take a video."

Alinur Mohamed, a politician, weighed in on the situation, emphasizing the need for police to respect human rights.

"Police officers interrogating, harassing, and insulting Ian Njoroge, the boy who attacked a traffic police officer along Kamiti Road at Mirema Junction in Kasarani constituency, have no right to torture this boy like this. No way," he stated. 

Human rights activist Boniface Okatch and civil society groups called for a violence-free society. “If the police did something wrong, they must be held responsible. Most of us are commenting on the video we saw. Violence can never be allowed. There is an increase in people assaulting the police. We should have full investigations. Police are brutal and corrupt. Both sides need to be improved. Police should protect. We can’t judge,” Okatch remarked.

Okatch said that the traffic laws have been crafted to allow the police to extort and they will not want Kenyans to understand them.

“There are sections of the law, which are crafted just to allow police to extort. When you also look on our bad roads, places like Mombasa road has one or two bus stops, despite hundreds of people using that road, and exposing public matatus to officers who are looking for bribes any person alighting where we don’t have bus stops,” Okatch said.

Kamotho reiterated, “It is a very unfortunate incident,  and the roads should be safe for everyone. Violence is not an option and should not be inflicted on other users. There are mechanisms in the law to address any issues. There are laws to protect everyone, including the police and motorists. “

Kamotho reminded all road users that there are elements of people who do not respect the rule of law and that Kenyans should report them to the relevant authorities.

“With an average of 4,000-5,000 people losing their lives on the roads annually, the number is alarmingly high. Let us be responsible,” Kamotho said.

The Ethics and Anti-Corruption Commission (EACC) has linked traffic management corruption to widespread law violations and increasing road accident fatalities. EACC spokesperson Eric Ngumbi stated that most roadblocks operate as corruption toll stations where police collect bribes to meet daily targets set by superiors.

This bribery leads drivers to ignore road safety measures, as there is no enforcement or inspection of their vehicles. "It is this impunity that often leads to the loss of lives and injuries through road accidents that could otherwise have been avoided," said Ngumbi last October.