The Commission on Administrative Justice (CAJ) has recommended disciplinary action against senior government officers found culpable for negligence in the handling of the January 2015 Langata Road Primary School Demos.
Following investigations to establish whether police officers used excess force against the school children, the Ombudsman made the following recommendations:
1. The Nairobi County Police Commander Benson Kibue and Kajiado North AP boss Inspector Leonard Chea Mayaya be reprimanded by the National Police Service Commission (NPSC) for negligence in the performance of their duties.
Mr Kibue was found to have failed to advise the school’s head-teacher about potential danger, and together with his juniors, failed to inform CAJ investigators which officer was responsible for lobbing teargas canisters on the pupils.
2. Two other officers, the Lang’ata OCPD Elija Mwangi and Chief Inspector Gabriel Wanjala, are to be suspended by the NPSC for a period of 6 months and their salary increments suspended for a period of six months.
3. The then acting police boss Samwel Arachi has been accused of suspending the Lang’ata OCPD through the media.
The report, instead says, “This should only have been made after investigation, and done in writing to the officer and not over the media.”
4. The Ombudsman found Lang’ata MP Ken Okoth, Kibra MP Joash Olum, civil society members and two other MCAs in breach of the Public Order Act, for failing to notify the regulating officer at least three days in advance of the intended peaceful demonstration.
5. A warning letter be issued by the Teachers Service Commission to the school’s head, Mr Peter Mugo for professional misconduct by failing to take appropriate intervention measures to protect the school children and ensure that they did not take part in the demonstration during school hours.
6. The Inspector-General of Police Joseph Boinett, should review the Riot Manual to meet international standards in line with UN basic principles, particularly in relation to the use of force and firearms.
Five school children were injured in the incident while one of them, Lucy Njeri, was admitted for further medical examinations.
Also injured, was a police officer who sustained injury on the forehead after a stone hit him.
Members of the civil society, politicians and Lang’ata Road Primary School pupils protested over the alleged grabbing of the school’s land by private developers.
