LSK in a statement took note of media reports showing people masked and armed with large wooden batons, on August 6, 2024, in Kapsabet town and elsewhere threatening to violently disrupt any form of gathering.
The Law Society of Kenya (LSK) on Thursday, August 8 urged acting Inspector General of Police, Gilbert Masengeli to desist from deploying plain clothes police officers to handle the ongoing Nane Nane protests.
Alongside the Police Reforms Working Group (PRWG), LSK in a statement took note of media reports showing people masked and armed with large wooden batons, on August 6, 2024, in Kapsabet town and elsewhere threatening to violently disrupt any form of gathering.
According to the two groups, the reports and videos indicated that the armed group intended to prevent planned protests against poor service by the Nandi County Government.
LSK President Faith Odhiambo. /CITIZEN DIGITAL
“We reiterate constitutional protections for all persons to peaceably and unarmed to protests, picket and to present petitions to authorities and the obligation of the State to respect and ensure this right. We call upon the National Police Service to uphold their public commitment to facilitate and protect protesters against interference by third parties,” LSK and PRWG stated in part.
Police were also urged to refrain from unlawfully using tear gas and high-velocity mobile water cannons against people including mothers and children in their homes, adding that tear gas must never be used in confined spaces.
“Previous actions have served no legitimate purpose and ended up punishing the public many of them bystanders. Such use of force in residential areas is even more dangerous today as many children are on a school break,” added the statement.
The PRWG and the Law Society of Kenya further reiterated their concern about continued incidents of abductions, calling for such cases must be thoroughly and effectively investigated by IPOA to ensure that perpetrators are held accountable.
In light of the Nane Nane protests, the groups called upon the National Police Service (NPS) to refrain from unlawful use of force, arbitrary arrest and detention of protesters and forceful abductions.
“We call upon the Acting Police Inspector General to refrain from deploying ununiformed or masked police officers dressed in hoodies, balaclavas or other attire in an attempt to hide their identities; refrain from using unmarked vehicles or vehicles with distorted number plates or with no legal registration in order to commit crimes and evade justice;
“Ensure that all policing operations are effectively commanded, and any use of force complies with the principles of necessity and proportionality. Excessive lethal and non-lethal must not be used against protesters who do not pose an imminent threat of death or serious injury,” added the statement.
The group also expressed deep concern regarding the harassment of leaders of Social Justice Centers by the NPS, Kenya Revenue Authority (KRA) and other state agencies who have either arrested these leaders, summoned them and demanded several documents this week.
“We condemn this use of intimidation tactics designed to force them to withdraw from participating in protests. We call upon the Police to refrain from arbitrarily arresting individuals. Where there is just cause to conduct an arrest, the police must arrest in full compliance with Article 49 of the Constitution of Kenya and international human rights law,” added the statement.
This comes after a section of Kenyans took to the streets of Nairobi as the Nane Nane protests began. As of now, there have been sections of arrests made in the capital city with officers going after those attempting a sit-down protest.
The crackdown has led to significant disruptions, with several shops in the city being closed and drivers being asked to remove their vehicles from the city.
By 10:00 am, police officers had set up a roadblock on Thika Road at Safari Park Hotel. Another roadblock was established in Pangani.
