Kenyan Groups Accuse Police of Brutality and Illegal Arrests

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14 July 2008

Kenyan human rights groups are calling for international and localinvestigations into the conduct of Kenya's police force, which theyaccuse of brutality and illegal arrests. As Derek Kilner reports fromNairobi, the groups plan to present evidence to international bodies,including the office of the U.N. High Commissioner for Human Rights.

Kenyannon-governmental organizations are criticizing the police response to aseries of recent demonstrations protesting the government's sale of aluxury hotel. Police prevented a march through downtown Nairobi andarrested several activists who were calling for the country's financeminister to resign.  

NGO leaders call the action a violation of the constitutional right to freedom of assembly.

Human rightsgroups have also spoken out about police misconduct on several otherfronts in the past year. They say a police crackdown last year on thecriminal Mungiki gang involved widespread extra-judicial killing.  

Theyalso criticized police restrictions on public protests followingDecember's disputed presidential elections. And more recently, groupshave provided reports of torture in a campaign by the police andmilitary targeting a militia in the western region of Mount Elgon.

InternationalCenter for Policy and Conflict Executive Director Ndung'u Wainaina saysthe police have consistently denied reports of misconduct.

"Whenthe police were confronted with cases of police torturing people in Mt.Elgon area, they denied it, yet evidence existed, from both the humanrights groups - the non-governmental organizations - as well as thestatutory body, the Kenya National Commission on Human Rights," hesaid. "What this clearly shows is the Kenyan police force has beenengaging in consistent and persistent human rights violations, each andevery day. And every time the police is confronted with figures, theydeny."

Wainaina says a number of organizations, including thestate-funded Kenya National Commission on Human Rights, the independentKenya Human Rights Commission, and his group, are collecting evidenceto give Kenyan leaders and international bodies.

"We are in theprocess of compiling a comprehensive petition to, one, the primeminister's office, the office of the president, and then we are alsogoing to share the same documents with the international bodies thatdeal particularly on the question of arbitrary arrests, questions oftorture, and also questions of disappearances," he said.

He saidthe groups would contact the office of the U.N. High Commissioner forHuman Rights and the U.N. special investigator on extrajudicialkillings. The groups also plan to bring legal proceedings in Kenyaagainst police officials suspected of involvement in crimes, includingCommissioner Hussein Ali.  

Police spokesman Eric Kiraithe,meanwhile, denies reports of police misconduct. He says the policehave followed the law in responding to requests for publicdemonstrations.

"The reasoning behind the provisions of thepublic order act, as to the notification given to the police, aresimply things like how do you provide security, things like regulationof traffic to ensure that we do not have unnecessary traffic jams, aresimply issues like any legitimate professional demonstration shall notbe hijacked by the many criminals who are around to commit othercrimes," said Kiraithe. "They are very simple and understandablethings. The law must apply to all of us equally without exception. "

Hesays the Kenyan public is supportive of a tough police response tocriminal groups like the Mungiki and the militia in Mount Elgon.

"Ican tell you if anything, what the community is concerned about iswhether we shall sustain firm action against criminal gangs," saidKiraithe. "That is the public is very very clear, it is unanimous, thatthey would want complete and decisive action on the criminal gangs, andespecially the prosecution on all those people who have been known tocommit crimes on the people."

In June, the Kenya NationalCommission on Human Rights wrote to former U.N. High Commissioner forHuman Rights Louis Arbour recommending an investigation into police andmilitary actions in the Mount Elgon operation and the suspension ofKenyan forces from U.N. peacekeeping operations.