Acting Police Inspector General Gilbert Masengeli has been in the news for refusing to honour court summons for questioning over the disappearance of three people in Kitengela, Kajiado County. Bob Micheni, Jamil Longton, and Aslam Longton are Kenyans who have been abducted in the last three months. Masengeli's disregard of the law is a reflection of a much broader issue within the police service—a deeply ingrained culture that dismisses accountability and perpetuates a cycle of police brutality in the name of restoring law and order.
Police brutality is generally defined as the use of excessive force by law enforcement officers beyond what is necessary to achieve a lawful purpose. This can include physical violence, harassment, torture, abductions, and extrajudicial killings. Every Kenyan, young or old, has witnessed this. It goes beyond generations and regimes and is especially witnessed during anti-government protests.
Data from human rights groups shows that in the 2007-2008 post-election violence, more than 1,000 people were killed, many of them at the hands of police officers. We have all witnessed the bloodshed during political demonstrations when police use live ammunition to disperse crowds. The recent anti-government protests by Gen Z are also evidence of this recurring pattern. Police brutality seems to be the default response to public dissent. To end police brutality, we need a cultural shift within the police force, not just changes in laws or structures.
I commend the work done by the past two regimes in police reforms. Notable reforms began in 2002 under Mwai Kibaki. The climax, however, was before the promulgation of the 2010 Constitution, when two reports called for an overhaul of the existing police system. One was from the Commission of Inquiry into the Post-Election Violence in 2008, and the other from the UN Special Rapporteur on Extrajudicial Executions. A National Task Force on Police Reforms was established in May 2009 led by retired Judge Philip Ransley.
The reforms by the task force were formalised in the new Constitution and further reinforced by the National Police Service Act of 2011 which restructured the police force and created the Independent Policing Oversight Authority (IPOA) which was charged with investigating criminal acts by police officers. Additional reforms included police vetting, new training programmes, and community policing initiatives. Despite these efforts, there is little evidence of altered behaviour by police officers on the ground.
To effectively address police brutality, we need to rethink how policing is perceived and practiced. The non-progressive policing culture can be traced to the colonial era when the use of excessive force and violence were normalised as legitimate tools for maintaining order. The colonial police force was not trained to protect the public but to suppress dissent and enforce colonial laws with no emphasis on human rights. This colonial mindset continues to reign today, with many officers still operating under the belief that aggressive policing is a sign of strength or authority. A lack of accountability and political influence further reinforces this cultural attitude.
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Many officers implicated in acts of brutality hardly face legal consequences. Even when abuses are documented, they rarely lead to conviction. According to Amnesty International, IPOA received over 2,000 complaints of police misconduct in 2022 alone, majority which remain unaddressed. Politicians are notorious for using the police to further their political agendas, like suppressing their opposition.
It is common knowledge within police circles that owing a politician or senior government official a favour is more rewarding in one’s career progression than diligently serving the public.
From a legal standpoint, I see overwhelming evidence of a bad policing culture that needs to be uprooted. We need to change the underlying attitudes and norms within the police service, as institutional changes alone are inadequate. A cultural shift in the police service requires re-education, community engagement, and a redefinition of the role of police in society. We must move away from a police culture that glorifies violence towards one that values protection of all citizens. The time for cultural change is now.