Officers patrol Mathare slums in Nairobi following protests after IEBC declared President Uhuru Kenyatta winner of August 26 polls. [The Star]
Our laws do not allow the police to kill anyone except as stated by the law, renowned lawyer Donald Kipkorir has said.
Kipkorir has said that the National Police Act, 2011 states clearly that a cop can only use his or her gun when their life is in danger or preventing a felon from escaping from lawful custody, or to protect life and property.
He adds that burning or looting a kiosk can never be a reason to kill.
"Sufficient notice must, in any event, be given before use of firearms.However, it seems the police have been quick to use guns to quell NASA rallies. This year alone, over 100 people are documented to have died in police shootings. This is not morally or legally right," Kipkorir says through an opinion piece on the Star on Thursday.
He argues that in France, public demonstrations are more violent than Kenya, yet the police never kill. In South Africa, he says, demonstrators buy bricks to use against the police and no one gets killed.
He warns the police that under international law, the defence of 'Superior Command' plea is no longer available saying that individuals, whether police or military, are personally liable for breaching international norms on life, property and war.
"Our Police Act is very clear: That you only obey lawful orders. Orders that violate the Constitution can’t be lawful. My plea and prayer to our police is, be human, and read and understand our Constitution and the Police Act," he says.