Wednesday night rains washed away the stench of pungent tear gas across several towns, but the devastation and trauma caused by hours of confrontation remains.
As hundreds of families and businesses count their losses and police commanders, protesters and policymakers go back to the drawing board, the nation is left wondering anxiously, what can be done to stop further loss of life and property in future?
While the full impact is still unfolding, the broad human cost of police brutality and violence by some protesters is already clear. The Kenyan National Commission on Human Rights have confirmed 19 deaths from gun shots, over 500 injuries among protesters, bystanders and police officers and at least six incidents of rape and sexual assault as of yesterday.
The day started with scenes of chanting protesters standing alongside police officers and no weapons in sight. In Nairobi, Rex Masai’s mother and other victims’ families led a peaceful procession. In Mombasa, prior consultation ensured protest marshals and commanding officers worked together to escort the protesters.
Hope that the police would manage the protests better than the June 17 anarchy in Nairobi quickly faded, as chaos erupted within just four hours.
Orderly processions changed to running battles between members of the public and police officers. The day climaxed with isolated attacks on police stations, raids on supermarkets and protesters reaching within 100 metres of State House. Despite a November 2024 court ruling that found previous interference unconstitutional, the Communications Authority mis-stepped again and forcefully took reputable media houses off air for several hours. Live broadcasts are central for a rights-based society. Given the current levels of consciousness, it is critical that citizens understand events as they unfold. This transparency is vital in preventing the spread of deliberate disinformation, misinformation and conspiratorial rumours. It is also critical for law enforcement, emergency health care and public safety.
The rushed cordoning off of OTC Quick Mart supermarket Thursday night, instead of easing public concern, has intensified suspicions of a police cover-up involving up to 30 deaths. Rather than dispelling public doubts, the lack of transparency is fuelling the public sense of a conspiracy. Reports that police officers are allegedly misadvising victims’ families to bury their loved ones without a postmortem must worry us. Injured individuals have the right to receive medical treatment and must document and photograph their injuries. They should also retain all medical records, including Form 9A and scans.
Families of people who have been killed have the right to identify the body and ensure it is stored in a properly refrigerated, accessible mortuary. They are also entitled to request a postmortem by an independent forensic pathologist of their choice and receive the postmortem report (Form 23 A) along with supporting documentation. In both cases, the public is advised to report incidents to the nearest police station, the Independent Policing Oversight Authority or a human rights organisation.
On Thursday, Interior Cabinet Secretary Kipchumba Murkomen described Wednesday’s protests as an “attempted coup”. His “shoot-to-kill” directive to police officers to protect police stations was ill-advised. While public attacks on private businesses, government offices, courts and police stations must stop, the “shoot-to-kill” directive risks further eroding public trust in the police, licences extrajudicial killings and will trigger more unlawful violence. A troubling aspect of Wednesday’s protests is the police killing of several peaceful protesters and bystanders. They include Kenneth Ouma in Karatina, David Mwangi (19) in Mukuru, and Dennis Njuguna (17) in Molo among others.
Neither our laws, the media nor the internet are responsible for the mass anger the nation is experiencing. National and county governments must address the deep sense of economic desperation, failing health and education services, unemployment, rising police violence and the widespread public confidence deficit.
The crisis requires a political, not a policing solution. I wish swift recovery to all injured and heartfelt condolences to the families of those who lost their lives this week.
irungu.houghton@amnesty.or.ke
