A Critique of the Police Oversight Mechanisms in Kenya in Relation to Extrajudicial Killings Conducted by the Police

Abstract

The responsibility of every police official is to ensure the security of the nation by combating crime and to see to it that others are in compliance of rules, regulations and governmental laws. Without a doubt, the first line of duty of every police officer is to protect the citizens of a certain nation, most of the time going above and beyond to ensure this happens. However, this is not the case in Kenya, given the fact that there are numerous reported extrajudicial shootings and killings conducted by the police every year, whereby an extrajudicial killing is defined as the killing of a person by governmental authorities or individuals without the sanction of any judicial proceeding or legal process. This is a huge problem that cannot be overlooked, especially because there are two oversight mechanisms tasked with dealing with these killings, namely the Independent Policing Oversight Authority (IPOA) and the Internal Affairs Unit (IAU). Moreover, there is a robust legal framework put in place that is supposed to take care of the issue at hand. The aim of this study therefore is to investigate why extrajudicial killings conducted by the police is rampant within the country despite the legal framework and oversight mechanisms put in place to handle this sorry state of affairs. Thus, the paper will look at whether there are any weaknesses with the current mechanisms in comparison with the previous ones and also suggest on areas that should be improved within the current system. Reports of what has been happening on the ground will also be included to demonstrate the reality of the matter. Some of the study's recommendations are that the IPOA be made accessible in all 47 counties in order for these mechanisms to properly discharge their mandate and ensure that the number of extrajudicial killings conducted by the police within the nation reduces.