NAIROBI, Kenya – The High Court has directed that investigations into cases of enforced disappearances and deaths resulting from police action fall solely under the jurisdiction of the Independent Policing Oversight Authority (IPOA), effectively barring the National Police Service (NPS) and its agencies, including the Directorate of Criminal Investigations (DCI) and the Internal Affairs Unit (IAU), from handling such cases.
Justice Lawrence Mugambi, sitting in the Constitutional and Human Rights Division, issued the ruling following a petition by Kituo Cha Sheria, Haki Africa, and Charles Njue, a relative of a victim of enforced disappearance.
The petitioners argued that the involvement of the IAU and NPS in investigating police-related deaths or injuries created confusion and undermined the rule of law by allowing police to investigate themselves.
“A declaration is hereby issued that investigations into all incidents of death resulting from police action, or caused by a member of the NPS while on duty, or occurring while a person is in police custody, is the exclusive mandate of IPOA,” Justice Mugambi ruled, emphasizing that no other investigative body, including the IAU, has the authority to oversee such investigations.
The ruling follows the petitioners’ assertion that parallel investigations by IPOA and the IAU often result in contradictory findings and lack of accountability, which has led to a lack of justice for victims of police brutality and human rights abuses.
The petitioners contended that this undermines public trust in law enforcement agencies.
The court also ordered the NPS and DCI to provide Kituo Cha Sheria, Haki Africa, and Njue with detailed data on complaints of extrajudicial killings and enforced disappearances received since 2010.
This includes disclosing the number of officers who have been prosecuted or disciplined for such offenses, with a 90-day deadline for submission.
Dr. Annette Mbogoh, CEO of Kituo Cha Sheria, expressed concerns about the widespread nature of extrajudicial killings and enforced disappearances in Kenya, stressing that they have become a serious concern for the public.
She highlighted specific instances, including operations targeting suspected links to Al-Shabaab, drug traffickers, and other criminal organizations, as well as the controversial killings during the 2017 election period.
The case sheds light on the growing issue of police-related human rights violations and the need for independent oversight in addressing them.
IPOA has been at the forefront of investigating police misconduct, although many cases remain unresolved due to challenges in enforcement and systemic issues within the police force.
As part of the ruling, Justice Mugambi also ordered IPOA and the Office of the Director of Public Prosecutions (ODPP) to update the petitioners on the status of investigations into complaints of police misconduct at Nyali Police Station in Mombasa.
