NAIROBI, Kenya – For two years, femicide and police accountability have remained critical issues in Kenya, according to a report.
Law Society of Kenya (LSK) president Faith Odhiambo has proposed the creation of specialised courts to address these concerns and ensure justice is served efficiently.
Odhiambo explained that establishing dedicated courts to handle femicide cases and police misconduct would provide swift outcomes, offering justice to victims’ families while protecting the rights of accused officers.
“Specialised courts, like the anti-corruption and small claims courts, would invigorate constitutional accountability and expedite justice for those deprived,” Odhiambo said.
Odhiambo emphasized that police reforms, while discussed since 2007, have not yielded significant change in addressing police misconduct, particularly during protests, anti-crime, and anti-terror operations.
Although the Independent Policing Oversight Authority (IPOA) and the Internal Affairs Unit exist to oversee police conduct, Odhiambo argued that justice remains elusive.
Cases of police brutality, extrajudicial killings, and enforced disappearances take too long to resolve.
“You can barely count the number of officers held accountable through the courts for these injustices,” Odhiambo said. “Until individual officers are swiftly held to a higher threshold of accountability, we will continue witnessing high-handed policing.”
Civil society platform Missing Voices has documented 1,350 extrajudicial killings and 350 enforced disappearances since 2019.
Data indicates 125 illegal deaths attributed to police in 2023, 153 in 2022, 219 in 2021,168 in 2020, and 145 in 2019.
Despite the scale of the problem, only 28 cases have been prosecuted, with many still stalled in the justice system.
The platform highlighted a pattern of enforced disappearances often preceding extrajudicial executions, particularly during counter-terrorism operations.
Abuse of lethal force has also been reported during protests, despite the constitutional right to peaceful assembly.
Odhiambo noted that a specialised court would also benefit police officers by providing timely resolutions to allegations against them.
“This specialised court would afford fairness to officers, sparing them from prolonged court cases that leave their lives in limbo,” she said. “It’s crucial to afford them closure, whether to resume service or face consequences.”
The LSK president stressed the need for far-reaching legal reforms to complement the efforts of IPOA and other watchdogs.
By addressing femicide and police accountability through dedicated courts, Odhiambo believes Kenya can foster justice, reduce impunity, and enhance trust in the legal system.
“Without swift and decisive action, both issues will continue to undermine the rule of law and human rights in our country,” she concluded.
