Police violence: A dark legacy unsettling Kenya's present

The recent waves of violent clashes between police and civilians across the country have continued to erode the fragile trust between the public and the police.

On July 16, a widely circulated video on social and mainstream media showed a procession of armed police officers accompanied by marked and unmarked vehicles. Hooded figures emerged from behind buildings, brandishing handguns, rifles, tear-gas canisters, handcuffs and batons. Others stepped out of heavily tinted vehicles, also carrying an assortment of weapons.

The group, reportedly organised and supported by influential political figures and tolerated by authorities, was seen firing into the air without apparent police intervention, spreading fear and intimidating onlookers.

These incidents cannot simply be dismissed as isolated events linked to campaign activity. Rather, they point to a longstanding pattern of police conduct that has contributed to a culture of impunity and eroded public trust. The scenes highlight the troubling possibility of collaboration between police and vigilante or criminal groups, one of the  pressing security concerns facing the country.

The everyday experiences of ordinary citizens with the police often remain outside the broader public view. These include alleged abductions, deaths during protests or in custody, extrajudicial killings presented as lawful operations, and other serious human rights violations. Despite such incidents, the government has repeatedly denied direct involvement by state agencies.

The media has played a crucial role in drawing attention to these incidents, providing evidence and challenging official narratives. Civic and human rights organisations have also been instrumental in documenting police abuses and publishing detailed reports. What emerges is a troubling divide shaped by social and political forces that appears to determine who receives protection and who becomes a target of violence.

Police brutality in Kenya has a long history, closely linked to the use of state power to strengthen executive authority and control. The pattern was particularly evident during President Daniel arap Moi’s one-party regime, contributing to pressure that culminated in the repeal of Section 2A of the Constitution in December 1991 and the return to multiparty politics.

Decades later, the political landscape remains strikingly familiar. Contemporary protests, including the Gen Z-led demonstrations of 2024, have echoed the unrest of the early 1990s and the Saba Saba movement, which pushed for constitutional reform. The transition to multiparty politics and the release of political detainees did not eliminate human rights abuses.

An enduring example came on July 7, 1997, when more than 20 people were reportedly killed by police during Saba Saba-related unrest, while Reverend Timothy Njoya was violently assaulted by police and regime-backed gangs.

Kenya’s political atmosphere is shaped by intertwined economic, political and social structures, with national security dependent on the government’s ability to maintain stability and public confidence. Uneven economic growth, persistent poverty, systemic injustice and limited public participation can create feelings of neglect and exclusion, encouraging citizens to take to the streets to exercise their constitutional right to peaceful protest.

Although the 2010 Constitution introduced stronger checks and balances, limited executive powers and strengthened the Bill of Rights, concerns over police violence and accountability persist.

The primary role of the police is to protect lives and property, maintain order, prevent crime, hold offenders accountable, reduce fear and provide emergency assistance. To fulfil this mandate, police must earn legitimacy and public trust. Current trends, however, have raised concerns that excessive use of force is increasingly being used to maintain control rather than promote community safety.

A major factor behind police impunity appears to be an entrenched organisational culture that can enable abuses and weaken accountability. Citizens seeking assistance from police have reported experiences including extortion, bribery, theft, unwarranted detention and manipulation of cases. Allegations of evidence tampering and concealment have also raised serious concerns about the integrity of investigations.

The Independent Policing Oversight Authority (IPOA), established to monitor police integrity and investigate misconduct, was intended to provide an independent accountability mechanism. However, concerns remain over the effectiveness of its response to allegations of police abuse, with critics arguing that officers are rarely held fully accountable despite the seriousness of some cases.

Addressing police violence and impunity requires meaningful reforms, better training and improved working conditions. Deaths involving officers must be properly documented, independently investigated and prosecuted where misconduct is established. The government should strengthen independent oversight bodies, protect human rights defenders and ensure police have adequate resources to respond appropriately to critical incidents.

Dr Dan Weku is a security policy analyst and Adjunct Professor of Global Studies and African Culture and Society at Columbia College, Missouri.