KNCHR condemns Coast police boss over unconstitutional kill order

KNCHR  chairperson Claris Ogangah

The Kenya National Commission on Human Rights (KNCHR) has condemned a controversial directive by Coast Regional Police Commander Ali Nuno authorising officers to shoot suspected gang members, terming it unconstitutional and a threat to the rule of law.

Nuno issued the order on February 7, telling  officers to use lethal force against machete-wielding gangs known as the Panga Boys who have terrorised residents in Mombasa, Kilifi and Kwale counties.

"If I find you carrying a machete intending to attack someone, I will shoot you," Nuno told journalists, adding that officers had been instructed to "kill those thugs one after the other as long as the law allows us to use our firearms."

The commission chairperson, Claris Ogangah, rejected the directive, saying it violates Article 244 (c) of the Constitution, which mandates the police to comply with human rights standards whilst providing services.

"A shoot-to-kill order is a violation of the Constitution of Kenya," said Ogangah.

"Summary executions are a hallmark of lawless states and have no place in a modern democracy like Kenya," she added.

The commission warned the directive poses an existential threat to the Bill of Rights by bypassing judicial processes and undermining constitutional protections, including the right to life, fair trial and due process enshrined in Articles 26, 48, 50 and 244 (c).

"The issuance of such a chilling directive proposes to bypass constitutionally recognised judicial process and undermines human rights and institutional accountability over arbitrary force," noted Ogangah.

The human rights body expressed concern that the order could lead to the profiling of innocent Kenyans, particularly youths in informal settlements, potentially resulting in extrajudicial executions.

Whilst acknowledging residents' fears over violent crimes by juvenile gangs, the commission insisted the state must maintain law and order within strict legal confines.

"The Commission stands in solidarity with victims of these crimes and reaffirms that every Kenyan has the right to freedom and security of the person as guaranteed under Article 29 of the Constitution," noted Ogangah.

The commission called on Nuno to immediately withdraw the directive and issue a public commitment to comply with constitutional standards.

It also urged the Inspector General of Police and the National Police Service (NPS) to clarify their official position on shoot-to-kill orders publicly.

The commission warned it would continue monitoring the situation and take legal action on behalf of anyone who suffers harm as a result of the directive.

The directive has sparked debate, with some politicians, including Malindi Member of Parliament (MP) Amina Laura Mnyazi, backing Nuno's tough stance against gangs who have maimed and killed residents.

However, the commission maintained that replacing professional policing with state-sanctioned violence disregards constitutional and legal safeguards.