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The Law Society of Kenya (LSK) has stated that policemen and women who use force against demonstrators must be brought to book.

In a statement signed by its President, Faith Odhiambo, LSK also condemned the killing of Rex Kanyike Masai, who died during the anti-Finance Bill 2024 demonstrations in Nairobi.

LSK urged members of the public to voice their sentiments in ways allowed by the constitution, including protesting.

“We intend to ensure that these criminal elements within our police face the full force of the law. As we fulfill our statutory mandate, we urge members of the public to continue to express themselves and exercise their rights within the confines of the law. We must deny aggressors any opportunity to justify their illegal actions,” the statement read.

LSK noted that the demonstrations held on Tuesday and Thursday were largely peaceful, and that confirmed that the protestors were neither interested nor intent on damaging property.

“However, and despite our several calls for restraint to the police, it is deeply regretful that our bare minimum demand that the police uphold constitutionalism and act within the law in fulfilling their mandate fell on deaf, contemptuous ears.

“The police resorted to disproportionate use of force, maiming, harassing, and violating the rights of innocent, peaceful protestors. The death of Rex Kanyike Masai was not an isolated incident; it was the tipping point of a string of brutish acts by the police against peaceful protesters,” LSK added.

Rights, freedoms

LSK cited Article 244(c), which they say is clear: the police must comply with constitutional standards of human rights and fundamental freedoms. They called out the police for their failure to uphold constitutional demands and said this behaviour was unacceptable.

“Further, Section 24 of the National Police Service Act affirms the duty of the police to protect life and property. The endangerment of lives through peaceful protest through disproportionate use of force is therefore not merely unethical and distasteful; it is illegal and unconstitutional.

“The inability and refusal of the police to adhere to their mandate can no longer be condoned, and it is detestable that extrajudicial killings, arbitrary conduct, and the use of excessive force remain the modus operandi of sections of our police,” the statement read further.

LSK promised that they would continue to fight against police brutality, as they have in the past.

“The Law Society has been consistent in our resolve to stamp out impunity within our police, and we have no intention of relenting.

“We have taken note of all reports that we have received on what occurred leading to the murder of Rex Kanyike Masai and all other overzealous force against the protesters,” LSK emphasized.

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