The High Court on Friday, December 16, invalidated several sections of the National Police Service Act limiting instances they can use firearms.
High Court invalidated paragraphs 1(c), (d), and (e) of Part B of the Six Schedule of the National Police Service Act.
According to the Act paragraph 1 (c) states that protection of life and property through justifiable use of force, and paragraph 1(d) states that preventing a person charged with a felony from escaping lawful custody.
While paragraph 1(e) states that preventing a person who attempts to rescue or rescues a person charged with a felony from escaping lawful custody.
This was after Katiba Institute and Africa Centre for Open Government (AfriCOG) filed a constitutional petition in 2017 to challenge the two sections of the law.
In the petition, the International Justice Mission (IJM) and Kenya Human Rights Commission (KHRC) were mentioned as interested parties.
Additionally, in the petition, Katiba Institute and AfriCOG challenged the amendments to the Act. According to the petitioners, the amendments expanded the circumstances in which officers can use firearms beyond self-defence and the protection of another person.
"The amendments allowed officers, for example, to use their weapons to protect the property even if there were no risk of serious physical harm to the officer or others," read the petition in parts.
In addition, the petitioners claimed that the use of firearms when the officer was not at risk was unconstitutional, violating the rights to life, human dignity, freedom and security of the person, and fair hearing.
However, the Inspector General Japhet Koome on Friday, December 16, urged police officers to be steadfast in their duty and shun those who threaten to sue them over their use of firearms.
"Oversight bodies were silent about police officers killed in the line of duty and only voiced reservations when police officers shoot a crime suspect," the IG decried.
He added that he is behind the officers as they go on with their businesses noting, "Today we are mourning and I do not see them anywhere."
Furthermore, he declared that the service will not be intimidated as they discharge their stipulated mandate in the constitution.
