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Interior Cabinet Secretary Kipchumba Murkomen has come under fire for issuing explicit "shoot on sight" orders to police officers against any Kenyan who attacks a police station.
Murkomen gave the orders Friday when he assessed the damage caused by protests that rocked the country on Wednesday was confronted by Kenyans who called him out.
"Na tumeambia polisi mtu yeyote atakaribia police station piga yeye risasi…Mtu mwenye anaenda kuiba bunduki, abembelezwe? Bunduki sio mandazi", Murkomen said as the crowd present drowned his voice telling him that police should make arrests in such situations.
Murkomen boldly assured the police who use their weapons in such situations that he will defend them.
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Although the CS later clarified the statement, insisting that it had been taken out of context, the criticism has continued to flow.
File image of police officers with a peaceful protester in Nairobi
Police officers have also been urged to disregard the illegal order and reminded to only use their firearms in situations that are allowed by the law.
When should police officers use force or firearms while combating crime?
The use of force or firearm by the police when combating crime is covered in Section 1 Part A of the Sixth Schedule of the National Police Service Act 2011.
The use of lethal force by police officers has also been flagged during recent protests with the police faulted for applying excess force even in situations that do not warrant the same, leading to more casualties.
The use of force is only permissible where non-violent means are ineffective or without any promise of achieving the intended result.
A police officer shall always attempt to use non-violent means first and force may only be employed when non-violent means are ineffective or without any promise of achieving the intended result
The force used shall be proportional to the objective to be achieved, the seriousness of the offence, and the resistance of the person against whom it is used, and only to the extent necessary while adhering to the provisions of the law and the Standing Orders
A police officer who uses any form of force is required to report to his or her superior and explain the circumstances under which the same was applied with the superior mandated to judge the rightfulness of the same and decide on the next steps.
File image of police officers handling protests in Nairobi
Where the use of force results in death or serious injury and other grave consequences, the law requires the officer in charge or another direct superior of the person who caused the death or injury to report immediately to the Independent Police Oversight Authority who shall investigate the case.
Use of firearms & what the law requires police officers to do
While the use of firearms by the police has become common in recent days with many casualties especially during protests, the Constitution of Kenya 2010 is clear on when the same should be used by the police.
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Firearms may only be used when less extreme means are inadequate and for the following purposes (a) saving or protecting the life of the officer or other person; and (b) in self-defence or in defence of other person against imminent threat of life or serious injury.
Prior to using firearms, officers intending to do so shall give clear warning of their intention to use firearms, with sufficient time for the warning to be observed.
Officers may use their weapons without warning of their intention in exceptional situations where doing so would place the officer or other person at risk of death or serious harm or if it would be clearly inappropriate or pointless in the circumstances.
Actions police should take after using firearm
Even if the use of firearm does not result in an injury, the law requires the officer to immediately report to his or her superior.
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File image of police officers handling protests in Nairobi
Any use of fire arms that leads to death, serious injury and other grave consequences shall be reported by the officer in charge or another direct superior of the person who caused the death or injury, to the Independent Police Oversight Authority who shall investigate the case.