The Office of the Ombudsman has criticised the use of excessive force by police in controlling anti-IEBC demonstrations by Cord supporters.
In a statement sent to newsrooms on Tuesday, the Ombudsman said it had deep concerns regarding the unfortunate incidences that unfolded on Monday in Nairobi during the demonstration against the Independent Electoral and Boundaries Commission.
“In particular, we note with concern the action by the police against the demonstrators which seem to point to use of excessive force in flagrant violation of the Constitution and the law. While we appreciate the role of the police in maintaining law and order, we wish to state that the Constitution expressly provides for the right to demonstrate,” the statement signed by the commission Dr Otiende Amollo said.
It continued saying that demonstrations are protected by Article 37 of the Constitution which states that ‘every person has the right, peacefully and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.’
“Flowing from this provision, the question that arises is whether the demonstrators were unarmed and peaceful,” the statement added.
It added: “Our preliminary review of the media clips of the incidences appear to show that the demonstrators were unarmed and peaceful. Further, the review, shows that some officers used excessive force against the demonstrators who were either fleeing the scene or lying prostrate on the ground thereby posing no threat or danger to the police or any other person. It is thus clear that the action by the police was not only unprovoked and unnecessary, but also unconstitutional and unlawful.”
The Office of the Ombudsman says it has liaised with IPOA and the Internal Affairs Unit of the Police to undertake in-depth investigations on the matter, for purposes of criminal or administrative action against police officers deemed to be culpable.
The statement is calling for greater restraint by the police in terms of use of force and management of demonstrations.
It is also calling for dialogue regarding the electoral reforms to ensure peaceful, fair and legitimate elections, and “more comprehensively a strategic approach regarding succession planning in state and public offices as clearly articulated in our Advisory Opinion of January 5 2016”.
“Finally, we urge all stakeholders, especially the Cabinet Secretary for Interior and Co-ordination of National Government to exercise caution and avoid pronouncements and actions that may heighten tensions and unlawful actions,” the statement concluded.
Repoprts indicate that one of the men assaulted by the police