What The High Court Ruled On Police Using Firearms
The ruling was made following a petition by the Katiba Institute...
Marvin Chege 
The High Court ruled on Friday, December 16 that police officers cannot use firearms unless they are acting in self-defence or to prevent an imminent threat to life or serious injury to others.
The ruling was made following a petition by the Katiba Institute which challenged the amendments made to the National Police Service (NPS) Act.
The amendments explained the circumstances in which officers can use firearms beyond self-defence and the protection of another person.
A court gavel. /TWITTER
"In 2017, Katiba Institute and AfriCOG filed a petition challenging amendments to the National Police Service Act. The amendments expanded the circumstances in which officers can use firearms beyond self-defence and the protection of another person.
"The amendments allowed officers, for example, to use their weapons to protect the property even if there were no risk of serious physical harm to the officer or others," Katiba Institute stated in part.
Katiba Institute and AFRICOG claimed that using firearms when there was no threat of serious harm to the officer or others was unconstitutional, violating the rights to life, human dignity, freedom and security of the person, and fair hearing.
The ruling on the same day Inspector General of Police Japhet Koome urged police officers not to hesitate to use their firearms to protect themselves and their citizens.
Speaking during the 4th Memorial Ceremony for officers who died on duty held at Embakasi AP Training College, Nairobi, IG Koome said that police are duty-bound to protect both lives and property of Kenyans.
"We had others in Mombasa Road who were attacked with arrows. The officer is on duty escorting bundles of cash then he finds the roads blocked. He is then ambushed with arrows yet he has a gun.
"Is the firearm a pen that you use to write?" Koome posed.
He said his office would stand with officers and that they should not express cowardice in the execution of their duties, in what appeared to be jabs thrown at the Independent Police Oversight Authority (IPOA).
"The other day they said arrest 12 police officers. The office of the IG will stand with you," he added.
During the function, it was revealed that more than 50 police officers had lost their lives in the line of duty in the past year.
On his part, CS Kindiki said his office was concerned over the killing of security officials by criminals, calling for more vigilance against armed groups.
"Two months ago we lost eight officers and a chief. I didn't hear the kind of voices I normally hear when a police officer misuses a firearm which is a very rare occurrence.
"It's as if police officials are supposed to wait and be killed. Seems like a police officer armed to protect the public is supposed to wait until members of the public are killed by criminals. Therefore use the gun to defend the public and yourself,” he said.
IPOA was established through an Act of Parliament published in November 2011 to provide for civilian oversight over the work of the police in Kenya.
Since then, it has pushed for justice for victims of police brutality and extra-judicial killings through investigations into offences committed by police officers.
Interior CS Kithure Kindiki lays a wreath during the 4th Memorial Ceremony held on December 16, 2022, for officers who died on duty. /NPS
