Brutality: Police continue to violate rights of civilians

The disturbing death of Cecil Ouma, a youth mobiliser, has re-ignited debate over police conduct when handling civilians.

Though investigations are not complete, Ouma is believed to have been shot on Tuesday by one of the bodyguards assigned to Youth Affairs Permanent Secretary Fikirini Jacobs, who had just presided over an empowerment programme in Nairobi’s Kariokor area.

Circumstances of the shooting incident remain unclear, but the 28-year-old man suffered a bullet wound while inside the PS’s official car.

Ouma boarded the car to negotiate for more money after the youth he had mobilised rejected the Sh10,000 “token” for attending the function. Inside the car were Fikirini, his bodyguard and the driver.

It is believed an argument ensued inside the vehicle, prompting the bodyguard to use his pistol, a decision that turned tragic. After being shot, Ouma was shoved out of the car that sped off to Pangani Police Station, where the PS reported that he had been attacked by rowdy youth.

Meanwhile, Ouma was rushed to Park Road Nursing Home, where he was pronounced dead on arrival.

The incident has again shone the spotlight on the police’s dark side. It is the latest in a pattern of entrenched brutality that refuses to end despite constant assurances from top leadership.  

Ouma’s death should serve as a wake-up call that unless the government seriously commits to holding responsible officers to account, police brutality will persist, especially at a time when the general election is around the corner.

For decades, observers and human rights defenders have pushed for an end to gross abuse and violations of citizens’ rights by police in vain.

Notably, President William Ruto rode to power on the pedestal of ending police brutality, but four years later, abuses remain rampant.  

The unnecessary death of Ouma in the hands of a senior official in Dr Ruto’s government confirms his administration is keen on maintaining the status quo, contrary to the promise he made while hunting for votes.

Police brutality is a colonial-era practice that has been institutionalised, a shortcoming the 2010 Constitution sought to address. Unfortunately, officers, undeterred, engage in gross violations resulting in loss of lives, enforced disappearances, bad relationships with the public, and a generally fearful society. 

“The National Police Service still suffers from fundamental systemic failures. Police as a system hold to the position that their duty is to protect those in power. They have become defenders of the political elites and not defenders of the rights of the people and Constitution,” observed Peter Kiama, Executive Director, Haki Yetu Organisation.

While a society should never normalise brutality, whenever that happens, those responsible should be held to account – which is not the case in Kenya, where abuses are tolerated with most of the law enforcers responsible being protected, according to Kiama, citing the compensation programme targeting victims of past atrocities.

“It is not enough to compensate without their being accountability. Those (officers) who killed are still on active duty and will be deployed to repeat the same action because they were never held accountable,” noted Kiama.

Concerned about the continued flaws in the justice system, Kiama noted that Kenya would be much safer were police officers defending the Constitution and respecting citizens’ fundamental rights.

“Police brutality continues to manifest in their actions and attitudes. We urge the police to remember their duty is not to protect the regime but the people’s democratic rights,” he added.

A society should never normalise cruelty, because those entrusted with enforcing the law swear to protect human life and dignity while respecting the Constitution as outlined in Chapter Four.

While human rights defenders have further accused security agents of being behind abductions, the State links the violation to criminal gangs.

Internal Principal Secretary Raymond Omollo was on the receiving end on Tuesday when he insisted that under the current regime, no abuses have been carried out. Dr Omollo shifted blame to the Jubilee government of President Uhuru Kenyatta for abducting civilians.

“I am actually struggling to understand the concern because when you say there is a re-emergence of abductions, I can clearly state that only happened in the previous regime, not under President Ruto’s administration,” said Dr Omollo against the backdrop of the fresh wave of kidnappings believed to have been carried out by security agents out to frustrate last week’s commemoration of the second anniversary of Gen Z demonstrations in 2024 that left more than 80 people dead.

Last year, some 47 demonstrators were killed within a span of 13 days as police trained their guns on dissenters.

On June 25, 2025, at least 16 protestors were shot dead during nationwide protests to mark the first anniversary of the Gen Z revolt, according to figures released by the State-funded Kenya National Commission on Human Rights (KNCHR) watchdog, which recorded more than 400 injuries among them, including police officers quelling the violence.

A month later, KNCHR recorded 31 deaths and 107 injuries resulting from the Saba Saba anniversary protests on July 7. The Commission also documented two cases of enforced disappearances and 532 arrests.

Before what befell Ouma, incidents of blatant brutality on civilians this year have been witnessed. Not long ago, rogue officers unleashed terror on pool-playing youth in Nandi Hills town – an incident that sparked wide public outrage.

The Othaya church incident is still fresh in the minds of many Kenyans who were left wondering at the audacity of police to storm Witima AIC church and cause mayhem on January 25, 2026, as the service attended by former Deputy President Rigathi Gachagua was in progress.

These are just but some of the few examples exposing police misconduct that has left many dead, others nursing permanent injuries and families in grief.

Amid this recurring trend, police spokesman Muchiri Nyaga insists that officers are committed to maintaining the highest standards of professionalism, respect for human rights and full compliance with the Constitution and all other relevant laws.

“The National Police Service remains fully dedicated to professional policing that serves and protects all Kenyans, residents, and visitors. We uphold the constitutional rights of every person and strictly follow all legal procedures in our operations,” said Muchiri.

Even as the police pledge to stick to the law, the Independent Policing Oversight Authority (IPOA) is investigating multiple deaths linked to recent protests, as new data reveals a significant surge in police killings across the country.

According to the Missing Voices 2025 report, police killings increased by 20 per cent last year, with 125 documented cases compared to 104 in 2024. The coalition documented 131 cases of violations in 2025, including six enforced disappearances.

KNCHR Chairperson Claris Ogangah expressed alarm over the pattern of killings, saying: "These deaths represent a grave breach of the Constitution, which guarantees every person's right to life."

The killings—be they from crowd control failures, custodial deaths, or community conflicts— show the blatant disregard for the sanctity of life.

Further, the commission has documented 661 complaints related to violations of the right to freedom and security, including arbitrary detentions, torture, abductions, and enforced disappearances, many allegedly linked to state security agents.