Court orders police to report to IPOA over deaths during protests

A man displays a Kenyan Flag near the casket bearing the body of Michael Kihuga who was fatally shot during anti-government protests in Nakuru City. [Kipsang Joseph, Standard]

Police should immediately report, to the Independent Policing Oversight Authority (IPOA), shooting or injury incidents recorded during protests, the High Court has ruled.

It also ruled that police should provide materials for investigations. Details emerged in a case where the Government was sued over police brutality during the 2017 repeat election protests.

Justice Roselyn Aburili said that the National Police Service Act is clear that in case death or serious injury occurs in the hands of a police officer or when a person is in police custody, the direct superiors should immediately secure the scene and report within 24 hours.

Justice Aburili awarded Bernard Okeyo Sh2 million after finding that the police were reckless and failed to follow the law.

She observed that the only explanation by the government was that the police were then using ‘blanks’ to disperse protestors.

“In this case, the scene in question was under police operation who were quelling riots that followed the repeat elections in 2017. It was, therefore, the duty of the police, upon such incident of injury taking place, to immediately report to IPOA and supply evidence or other relevant material to enable IPOA to carry out investigations into the shooting incident,” said Justice Aburili.

In the case, Okeyo narrated that on October 26, 2017, while at his home in Kapere Village, Chemilil ward, Kisumu County, he left his house to go and charge his phone at the nearby trading centre.

While near Ogen Primary School, he met crowds of people who were evading the charging police officers armed with batons and guns.

He testified that he hid behind some of the buildings at the shopping centre only to be shot at by a police officer who left him for dead.

Okeyo said that a Good Samaritan took him to Jaramogi Oginga Odinga Teaching and Referral Hospital, where he was admitted for three days.

He asserted that he neither provoked nor engaged in any confrontation with the trigger-happy cop. The court heard that Okeyo was unarmed and was not a part of those who were protesting.

Okeyo’s story was corroborated by Elvis Omondi, who was a witness. He stated that the police were shooting aimlessly at anyone in sight. He told the court that he was the one who took Okeyo to hospital.

Another witness, Belinda Akoth, testified that on the material day, she was at her shop when chaos erupted.

The business lady said that someone approached her with a bleeding face and told her he had been shot by the police. Akoth testified that she removed her vest and tied him up to stop the bleeding.

Dr Lucy Ombok, another witness, said she filed a P3 form for Okeyo. Ombok said that Okeyo reported that he knew the police officer who shot him on October 26, 2017. She stated that he had been shot in the left jaw.

Joshua Nyasimi, a Superintendent of Police, filed a response on behalf of the Inspector General of Police. He told the court that Okeyo did not file any report with the police to enable investigations.

The officer claimed that Okeyo reported the incident at the Muhoroni sub-county police station two years later.