By Faith Kasina and Gathang’a Ndungu
The 21st century police have become the law enforcers, the jury and the executioners. To the rich, they are the protectors of their assets and wealth but to the poor, the police seem to be criminals in uniforms, sanctioned by the state against them. They seem to have been created by the elite class to police over the poor.
Global Movements & Protests Against Police Brutality
Police misconduct and abuse of power has been an ongoing debate for a long time due to the series of cases reported world wide, ranging from arbitrary arrests, harassments, torture, enforced disappearances (ED’s) and extra judicial executions (EJE’s), among other criminal activities. The police force has for long been used as a tool of repression to the masses rather than maintaining peace and order as it should be. These traits of police abuse of power have manifested themselves in both developed and developing countries.
In some countries like the US, the issue is intricately intertwined with the issue of racism compounded together with the historical injustices from slavery, and subsequent repression. With the loose gun control regulations, the police find a leeway to use force on black populations in the pretext of drugs and illegal firearms mop-up.
The US has a long history of police repression on the poor black communities and the Hispanic migrants. The history of US has been tied to the slave trade during the Trans-Atlantic Trade. The southern states which were historically agricultural states depended fully on slave trade which came from the black people taken from Africa. This unequal society is what the Black people found themselves in.
It was a system that was in all means set against them on political and socio-economic aspects.
The police force took the states mantle to continue perpetuating racism against the oppressed poor black populations in the ghettos. It is against this backdrop that black movements such as the Black Panther Party and other civil rights movements rose against this systematic racism. Malcom X in his tour to Africa noted that the violence the people of Algeria went through in the hands of the French police was the same faced by the black people back in the US.
In 2020, we witnessed major protests around the world in solidarity for George Floyd who was killed in broad daylight by police officers in Minnesota. The protests which started in Minneapolis spread to other cities such as Berlin, London, Paris, Johannesburg, among others. The outrage was fuelled by the systematic target on black men in the US and the fact that the suspect was unarmed and had already been subdued by the two police officers filmed arresting him. From the footage taken, one of the police officers’ was kneeling on his neck in a chokehold position despite the plea by the suspect that he couldn’t breathe. This was not an isolated case but one among many that have been common in black dominated neighbourhoods in the US.
Excessive use of police force was also witnessed during the Hong Kong Protests during the Anti-Extradition Amendment Bill of 2019-2020. During these protests, the Hong Kong Police was under harsh criticism due to the excessive force used and also the unjustified use of water cannons, both live and rubber bullets, tear gas among other weapons. Hong Kong has been a semi-autonomous region from 1979 controlling their economy while still under Mainland China through what has been touted as ‘one country, two systems.’ The extradition bill allowed for extradition to Mainland China. This was seen as a way of China controlling the Hong Kong’s Judicial arm. Pro-democracy protesters poured in the streets to demand for rejection of this bill. The subsequent crackdown on protesters sparked outrage leading to more protests against the bill and also police use of force, arbitrary arrests and brutality. The Chinese government also helped the Hong Kong police to do massive surveillance on the protesters.
Similar demonstrations followed in Nigeria against the SARS (Special Anti-Robbery Squad), which was a special unit created by the Nigerian Government to tame violent and organised crime. EndSARS Protests began as an online campaign against this notorious unit in 2017, which had a long history of police brutality, extortions and killings. In October 2020, the unit was linked to many other cases of extra judicial killings, use of force, abductions and arbitrary arrests. The young males in Nigeria had been the primary target of this unit just as in the US. They targeted young Nigerians by profiling them based on their fashion such as hairstyles and tattoo among others. Several cases of extortions by mounting illegal road blocks and searches had been documented without justice being served for the victims.
In other cases, women were tortured and raped. This led to demonstrations that birthed the EndSARS Movement which pushed for the disbanding of this unit. Hundreds of thousands of Nigerians poured in the streets of different town and cities to demand for its disbandment. The young population made the bulk of the demonstrators as they had endured these injustices for long. Social media influencers, musicians and the diaspora Nigerian population gave their solidarity on online platforms forcing Buhari’s regime to offer a concession ground. The unit was disbanded although there was no formation of an inquiry body to look into the injustices, violations and the victims of SARS. After the unit was disbanded, the movement has continued to push for other socio-economic and political reforms in Nigeria such as good governance and accountability, by holding corrupt leaders accountable for their actions. The Nigeria government, through the Central Bank of Nigeria, went ahead to freeze bank accounts of notable protesters to stall and cripple the movement.
Despite the many calls for reforms, defunding from other quarters and abolition from some, there have never been any meaningful changes to the police around the world as the systems that create them are the same throughout — helping to serve the same purpose regardless of the country. Historically, the creation of a police force is said to have been necessitated by the rising cases of violence and lawlessness in the society. This forced the rulers to come up with a unit to maintain peace, law and order. The first recorded evidence dates back to 3000 BCE in Egypt and its rise is credited with the need to protect the ruling families and their areas of jurisdictions. With time, the need to protect private property owned by the rich merchants became another pressing reason and, due to these factors, the police force has evolved as new needs emerged. However, the basic structures, training and modus operandi has been maintained with little or no change over the ages.
The Kenyan Context of a Police State: a Historical Perspective
In Kenya, the first formal police unit was created by the British Government in 1907 as the British Colonial Police Force. Before this, the only communities that had some kind of police units were the coastal communities under Omani Arabs and some sultans. From 1887 to 1902, policing was done by the Imperial British East Africa Company. This unit was created to protect the commercial interests of this company in the vast region covering Kenya, Uganda, Rwanda, Burundi and some parts of Tanzania. Kenya Railways introduced their police units in 1902 to protect their main infrastructural project; Kenya-Uganda Railway. The Askaris, as they were called, were stationed in Mombasa, Nairobi and Kisumu to protect the business interests of this company and the white settlers in the country. They protected the workers building the railway from Mombasa, through Nairobi to Kisumu. They also protected the raw materials and other goods being transported from the hinterlands to the coastal town of Mombasa.
The Making of a Police State
This police unit evolved along the years as the British government continued with their rule in the region. To effectively subdue the population, they used divide and rule tactics, whereby they recruited one community to serve under their units as homeguards and set them against other communities. This ensured that the communities were always fighting each other rather than fighting the colonial government. This police state is what Kenya inherited as a country. The successive regimes that followed maintained these units without reforming them. They used the police to protect their newly acquired wealth and also to repress any dissident voices that questioned their authority. Through them, several arrests were made, some enforced disappearances and deaths. Kenya’s first post-independence assassination was the killing of General Baimunge, who was a general in Kenya Land and Freedom Army (KFLA) and one of Dedan Kimathi’s confidants, who led the KFLA battalions on the East side of Mount Kenya forest covering Meru and Embu. His death was carried out by the police who were under the instructions of the first Kenyan Prime Minister, Jomo Kenyatta. This was the first betrayal committed by the first post-colonial government on its war heroes. Under Moi’s rule, they were empowered even more with the creation of special units for torture of political detainees, during his authoritarian rule that went for 24 years. Prisoners of conscious includeMaina Wa Kinyatti, Koigi Wamwere, Karimi Nduthu, GPO Oulu and Oscar Kamau King’ara, among many others.
Karimi Nduthu
Karimi was a renowned activist during Moi’s regime. He was the Secretary General of the Release Political Prisoners (RPP) pressure group and also served as the Mwakenya National Coordinator. Karimi was initiated into radical politics by the December 12 Movement (DTM) literature which included Pambana, Cheche and later Mwakenya materials. Karimi was from Molo and he investigated the Molo massacre and ethnic clashes during the Moi regime. Moi was a ruthless dictator who never hesitated to silence any dissident voices that seemed to oppose his iron fist rule. He made organizing a challenge for political activists and university students. This forced many of them to organize in hiding while only a few dared him. Karimi was expelled from the University of Nairobi for his activism as a student leader in February 1985 before he could complete his degree in engineering. He was arrested in 1986 for being a member of Mwakenya and was jailed for 6yrs at the dreaded Naivasha Maximum Prison. He was later released in 1992 after the The Mothers of Political Prisoners Campaign piled pressure on the Moi regime to release the political prisoners. Immediately after his release from prison, he went straight to All Saints Cathedral where the mothers of political prisoners and members of Release Political Prisoners had camped. They continued to pile pressure by camping at the cathedral until all the prisoners were released. On the night of March 23 1996, Karimi was brutally murdered by the infamous Jeshi la Mzee murder squad at his Riruta home by a vicious youth militia run by the Moi government, and the then ruling party, KANU. Neighbours recounted how the police, who appeared immediately at the murder scene seemed to have been there to confirm the activist’s death. To make it look like a burglary and or a theft scene, they took his possessions including books and cassettes and manuscript. His murder is among many questionable murders and assassinations carried out by Moi’s regime through the help of his secret police squads.
The Assassination of GPO Oulu & Oscar Kamau King’ara
George Paul Oulu also known as Oulu GPO was a Kenyan human rights activist and a former vice chairman of the Students Organization of Nairobi University (SONU) and Oscar Kingara’s assistant. Oscar Kamau Kingara was a Kenyan lawyer and a human rights activist; the founder and director of Oscar Foundation Free Legal Aid Clinic, a human rights organization based in Nairobi. On March 5 2009, the two were assassinated while sitting in a rush hour traffic in Nairobi. Their assassination is widely attributed to their work in documenting police killings. All the leads pointed to elements within the Kenyan security forces and police as responsible for the assassinations.
The GPO Oulu, Karimi Nduthu and Oscar Kingara stories all show how extra judicial executions are deep rooted and systemic in Kenya. The denial of justice to the victims to date shows how the justice system has been rigged against a section of Kenyans.
The police force has been maintained to this date to serve the ruling class and their interests in the country, without any regard for the poor majority in Kenya. The fundamental structures of the police force haven’t changed since the colonial era, despite the many calls for reforms in training, service delivery, maintenance of law and order, impartiality in carrying out their duties, professionalism and their attitude and relationship with the citizens they police. The Kenyan set up shows a force that has been trained to protect the elite in a country with glaring economic disparities between the ultra-rich, who have controlled the country since independence, and the malnourished poor populations who survive on meagre daily wages. To control these hungry and angry masses, the police force has been very active, and more so in the poor urban informal settlements and slums such as Mathare, Kibera, Kayole, Dandora, Kayole, Mukuru and Kariobangi. These areas that harbour majority of the poor in Nairobi are highly policed not to offer protection, but to pacify and repress them into submission. It is from these areas that many cases of extrajudicial executions, enforced disappearances, arbitrary arrests and extortions are reported weekly.
Police violations & abuses under the guide of special operations & crackdowns in Kenya.
Special operations and crackdowns in Kenya have provided ample justification for the use of force, coercion, mass arbitrary arrests with subsequent disregard of the rights of arrested persons, extrajudicial executions and enforced disappearances. From the crackdown on multi-party democracy crusaders, Marxist-Leninist ideologues, Mungiki, the 2007/08 post-election violence, the Mombasa Republican Council, the anti-terrorism fight, crime in informal settlements to the Covid 19 lockdown, the state has always flexed its muscles on unarmed civilians and created fear in communities through the police force.
In 2006 and 2007, the state launched an operation to crackdown on the outlawed Mungiki Sect which had taken hold of Nairobi, Central and some parts of Rift Valley region. This group incorporated religious, cultural and political issues. They kept dreadlocks, just as the Mau Mau rebels did, to show their ties to the country’s freedom fighters. Their oath takings, which were rumoured to involve use of human blood, and subsequent killings that were linked to the group, invited the government to start a crackdown. Mathare and other slums in Nairobi, and other regions in Central Kenya, suffered a huge blow as hundreds of youths were killed by police and many others disappeared during the same time. According to a report released by a group of lawyers, more than 8040 young Kenyans were executed or tortured to death since 2002, during the five-year police crackdown on the outlawed Mungiki sect under President Mwai Kibaki’s reign.
During the 2007 – 2008 post-election violence, around 1,200 Kenyans lost their lives and the police were used to kill people from the zones termed as opposition. A majority of these killings happened in informal urban settlements in Mombasa, Nairobi and Kisumu, with most of the deaths being as a result of police excesses. To date, the National Police Service (NPS) has never been held accountable for the atrocities committed to its own people. In Kenya, the police force has also been bashed for being impartial in their work, more so during election periods.
The Mombasa Republican Council (MRC) was an organization formed in 1990 by separatists who wanted the coastal part of Kenya to secede. In their efforts, they quoted historical pacts made at independence by Jomo Kenyatta, who was Kenya’s first Prime Minister, with the leadership of Zanzibar, which handed over the coastal strip to Kenya under a lease. They claimed that the lease period was over and it was time to form their own republic. The movement subsided over the years, only to be revitalized in 2008 with their vocal leaders pointing to the thorny issue of land in Kenya, marginalization and skewed development. Under the Pwani Si Kenya (Coast region is not part of Kenya) slogan, they rallied residents to join them with instances of oath taking in coastal forests being reported. The government responded by deploying contingents of police officers who used excessive force on citizens, including women and children. Most of the leaders were detained and some forced to denounce their stand. With the creation of a decentralized government in 2013, after the first election under the 2010 Constitution of Kenya, the movement waned as the creation of county governments gave the coastal people a sense of control of their issues through local governments.
When the Kenyan army entered Somalia supposedly to help the Somali Government fight Al-Shabaab, there were increased cases of terrorist activities in the country as a retaliatory response from the outfit. This led to a crackdown on citizens of Somali origin, and the Muslim populations at large in Kenya. Mombasa and Nairobi became hotbeds of police crackdown by the dreaded Anti-Terrorist Police Unit (ATPU), which rounded-up and arrested hundreds of suspects, some of whom were innocent, and held them in different stations for more than 24 hours without producing them in courts as required. Many Muslim male residents of Eastleigh and Majengo in Nairobi fled as searches were being carried out in mosques and homes. In Mombasa and other coastal areas, young Muslims and clerics were reported to have been killed during this operation, with some being abducted by plain cloth police officers, never to be seen. Some of these abductions and arrests have been carried out in front of families and friends.
The fight against crime in the informal settlements seems to be a war against the poor young Black males in the Kenyan ghettos. Their poverty has made them to be criminalized, along with their dreadlocks, which are used to profile them while labelling them criminals. This has led to the execution and disappearance of many in the hands of the police. Each informal settlement has a renowned killer police officer who seems to be backed by the state. Kayole, Mathare and Dandora all have these serial killers in police uniform, who have taken the role of judiciary to issue instant ‘justice’ to alleged law breakers. The realization that what the government was doing was cleansing young people in the informal settlements, led to the mushrooming of community based organizations to fight this injustice and bring to light and call out the massacre of the ghetto people by their own government.
The Social Justice Movement & The Fight Against EJEs
The Social Justice Centres Working Group (SJCWG) is the decision making body of the Social Justice Centres Movement, which is the umbrella body that brings together all the social justice centres in Kenya. These social justice centres act as human rights defenders’ centres based in the communities. They are formed by the members of the community to find solutions to the pertinent challenges in the communities. SJCWG has over 60 centres spread across the country organizing on different political, socio-economic and cultural issues.
The social justice centres movement continues to organize around extra judicial killings and enforced disappearances. To document these cases, different partners came up with The Missing Voices website, and, so far, 1226 extrajudicial execution cases and 275 enforced disappearance cases have been documented since 2007. The Missing Voices website is supported by Amnesty International-Kenya, Peace Brigades International-Kenya, International Justice Mission, HAKI Africa, MUHURI, Defenders Coalition, ICTJ, International Commission of Jurists, Kituo Cha Sheria, Kenya Human Rights Commission, Human Rights Watch, CODE for AFRICA, Heinrich Bӧll Stiftung, ODIPODEEV, Protection International-Kenya and SJCWG. These partners help to document, provide legal aid to victims and their kin, offer referral, psycho-social support, among other services. This documentation helps to fill in the evidentiary gap by layering victims’ testimony with quantitative data. It also creates a platform where one can report, sign petitions and follow trials of such cases, as well as offer support. Its mission is to end enforced disappearance and extrajudicial executions in Kenya, which have become rampant in recent times.
The SJCWG operates under committees, and the Mothers of Victims and Survivors Network (MVSN) is one of the pillar committees. The MVSN brings together mothers of victims and survivors of police brutality to provide a platform where they can share their experiences. This also act as a social circle to enable the survivors to start the healing process, as they offer each other a shoulder to lean on. They actively engage in documentation and follow up of EJE’s and ED’ cases in the community, and then offer referrals to the right organizations. They have also been involved in publicizing their work and creating awareness about the government’s role in the protection of the dignity of human life as enshrined in Article 26 of our constitution.
Licensed to Kill: A Killer Cop Breed
The Kenya Police seems to have been licenced by the state to do a mass cleansing of ‘criminals’ in the slums. In Nairobi Eastlands, “innocent till proven guilty” exists only in papers as the police kill without any regard for the law. More than fifty years after independence, our police force still borrows heavily from the colonial police in its mode of operation.
During our struggle for independence, the colonial police used the media as a propaganda tool to create fear and panic among the natives. Whenever a fighter was captured or killed, the images of their mutilated bodies would be published on the front pages of the local dailies to demoralize the fighters. One of the images that was highly circulated was that of Dedan Kimathi lying on a stretcher handcuffed. This was to bring the Mau Mau on its knees as they believed that he was the main leader of Mau Mau. Today, the social media has taken the role of the local dailies. The killer police use Facebook pages to spread their propaganda leading to self-exiling of youths due to fear. The police have become bold in their nefarious activities as they issue warnings to their targets on Facebook, with the photos of the target which they then go ahead to actualize without any fear of repercussion. Just like the colonial police, they post the badly mutilated bodies with warnings to other youths involved in crime.
The police also seem to be taking new methods to avoid leaving a trace behind of their activities. Instead of the bullet, their victims are being strangled and their bodies dumped in places far away from their homes or where they were abducted. In an expose by a local media house, most of the bodies found dumped in River Yala had these signs and the victims had an involvement in crime pointing to a secret group cracking down on criminals. This special police unit is not created to follow the normal procedures of law but rather break the law at all cost.
Nearly each neighbourhood in Nairobi’s Eastlands has a known killer police officer who operates in the area. Despite the overwhelming evidence against these officers, the state seems unwilling to take action on them, and the only action taken is transfer and re-shuffling of the officers from one area to another.
The government has invested heavily on arming our police force, while still spending inadequate amounts on social security programs, job creation and provision of social services, which would help to drastically reduce the crime rate. The state has also neglected the well-being of its police officers as mental health issues and low wages demoralize the force from within, amongst other challenges such as poor working conditions. These problems compounded have in a way contributed to the many suicide cases in the force, the increased cases of homicides among police officers, misuse of fire arms and involvement in illegal activities such as robbery with violence and collaboration with criminal networks.
The threat the police pose to the public is immense, and Kenyans seem to be sitting on a time bomb ready to explode, when you imagine a fully armed police officer, underpaid by the government, working in poor and harsh conditions, traumatised by work, being oppressed by the seniors and with no psycho-social support systems in the force, and trying to survive the harsh economic conditions. These conditions create an environment for mental instability among the junior officers.
The Role of Women in the Fight Against EJEs
Movements have always propped up to deal with human rights abuses by the state. Women have been part and parcel of organizing and confronting the ills in the community, as well as upsetting the status quo. Women in Kenya have participated in all aspects of the struggle, and they continue to do so to this day.
During the Moi regime when the government arrested young people and put them in prisons, mothers of those political prisoners and other women camped at Uhuru Park and piled pressure on the government to release the political prisoners. The government was adamant and this led to the women stripping and going on a silent strike until Moi’s government started releasing the prisoners. The women fought for their sons until they were all released.
From the defiance of Mekatili wa Menza and Muthoni Nyanjiru against the colonial police during the invasion of our territories, to Field Marshal Muthoni Kirima who fought alongside men during the Mau Mau years, to second liberation heroes such as Wangari Maathai, women have led by example by showing bravery and defiance against the skewed system being enforced through the police. This baton has been passed to MVSN which continues to organize against these atrocities being committed by the police in poor neighbourhoods. Being victims, survivors and witnesses of police injustices, these women chose to rise above their anger and setbacks and channel their energy and efforts by creating awareness in the community, and support others who have been or who would have been victims. Instead of giving up, these women have transformed from being victims to community human rights defenders in the different settlements they come from. They now stand as the vanguard of the community against rogue police officers and the system that creates and supports them. Nduku Mwangagi is one of these victims who swore to protect others from the rogue police officers after losing her adopted son.
Mwaura’s Story
“I met Mwaura, a street boy in Soweto, in 2004, and I took him in. He was a young boy with no family in Nairobi. His siblings were living with his grandmother in Sabasaba, Murang’a. I offered to take him to school but since he had spent years on the streets he begged me to allow him to work as a co-driver in my lorry. I agreed to that because he needed to trace his family and support his siblings and grandmother. Mwaura became my first son. I felt so protected with him, he loved me like a mother and respected me as a mother. Mwaura was killed in 2008 by police at Kona Market in Kayole, I have never been that frustrated my whole life. I still remember how he would smile and call me Mama Mathew. The fact that I never got the chance to bury him and even never found his body still brings tears in my eyes until today. That is why I fight against EJEs and against all these injustices. I don’t keep quiet in the face of injustices and no one should.” Nduku Mwangangi, Mwaura’s guardian.
The Social Justice Movement has organized communities against these injustices to try and force the state into accountability. Instead of initiating the investigations, the state has in most times responded by intimidation, surveillance and a crackdown of human rights defenders. This use of police force was witnessed during the annual Saba Saba (July 7th) March For Our Lives by the Social Justice Movement, when more than sixty activists, human rights defenders and members of community were arrested for participating in this peaceful protest commemorating the activities of the second liberation struggle in Kenya.
The Kenya Police Force & Stalled Reforms
The National Police Service is not yet a service but remains largely a force. The change in name from ‘force’ to ‘service’ did not solve the many underlying issues facing our police force. The force that was inherited at independence in 1963 has remained relatively the same in function, operation and culture, among other aspects. The police service was supposed to be citizen-centric in the way it handles complaints from the public. This is far from what Kenyans are used to in our local police stations. The reform of uniforms and change of name hasnn’t brought any change to the police culture in Kenya.
The Kenya Police Force needs a radical surgery or a total overhaul, together with the system that created it. The many years of reform seems to have hit a brick wall and the changes are no longer effective. The curriculum used by the Kenya Police College needs to focus more on instilling patriotism, dignity for human life and professionalism, while the recruiters should focus on passion to serve and other aspects such as IQ, rather than the physical aspects that are long outdated.
Will reforms work to bring the stalled changes needed in our police forces? Is defunding the police force a viable solution? And should we give a thought to the ideologues who say we should abolish the police?
Until we uproot the system that created this police force, it shall continue to be a ‘FORCE’ rather than a ‘SERVICE’, the issue of mental health among the police shall continue to be a thorn in our flesh, and cases of suicide among the force shall go on. Until a radical surgery is given, professionalism will be an alien vocabulary to our police officers; until we cut the stem that supports a moribund system, Kenyans and the citizens of the world shall continue to suffer in the hands of these police forces.
Written By Faith Kasina (Coordinator of Kayole Community Justice Centre) &bGathanga Ndung’u (Member- Kenya Organic Intellectuals Network & Ruaraka Social Justice Centre (RSJC))
REFERENCES
- https://www.standardmedia.co.ke/topic/Karimi-Nduthu
- https://nation.africa/kenya/news/karimi-nduthu-mwakenya-leader-who-remained-defiant-until-his-brutal-death-3335560
- https://www.aljazeera.com/features/2022/5/9/the-kenyan-mothers-fighting-to-end-police-brutality
- https://www.standardmedia.co.ke/entertainment/nainotepad/2001261426/bare-breatsed-crusade-when-mothers-of-political-prisoners-stripped-at-uhuru-park
- https://www.amnesty.org/en/latest/news/2009/06/kenyan-government-must-act-urgently-end-impunity-bring-about-essential-reform-20090612/
- https://missingvoices.or.ke/
- https://www.hrw.org/blog-feed/hong-kong-protests
- https://www.amnesty.org/en/latest/campaigns/2021/02/nigeria-end-impunity-for-police-violence-by-sars-endsars
- https://deflem.blogpost.com/1994/08/law-enforcement-in-british-colonial.html?m=1
- https://www.researchgate.net/publication/327002172_crime_politics_and_the_police_in_colonial_kenya_1939-63
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