The Law Society of Kenya has strongly condemned recent police violence against demonstrators, which reveals a culture of violation of human rights and unreasonable use of force by the government of Kenya.
In a press In a Press release titled ‘Return of the dark days of repression’ released on Monday, lawyers said they were troubled by cases of people in civilian clothes, others posing as police officers, bearing arms and unleashing violence, injury and death on protesters.
“Such incidences place the country on a dangerous path that can only result in anarchy and disruption of the public order,” read the statement by LSK president Erick Theuri.
The LSK also hit out at members within the office of the Director of Public Prosecutions (ODPP)over recent events that have seen various politicians and activists arrested and tramped up charges brought against them by the state. Theuri said that the society will take all necessary steps to safeguard democracy in the country, warning those that may wish to undermine the rule of law.
“We wish to notify our members within the ODPP that should they make decisions that betray the public trust, undermine the rule of law and bring disrepute to the legal profession, the Law Society of Society shall issue them with a certificate of dishonour and immediately commence proceedings to remove them from the roll of advocates.
The remarks by Theuri come days after police said they had been ordered not to report deaths during a week of protest crackdown as Kenyans speak out against tax increases amid the rising cost of living. Police in last week’s demonstration confirmed officers killed at least six, but watchdogs say the number is higher.
While rights groups have long accused police of using excessive force, there is growing concern about tactics used under the government of President William Ruto: some have been posing as journalists and others as protestors, a trend the Media Council of Kenya called dangerous.
“Over the past week, there have been increased cases of citizens being arrested clandestinely akin to abductions by law enforcement agencies and transferred to police stations and other unknown places outside the jurisdiction of their arrest, while being denied communication with their families or advocates contrary to the Constitution. Such acts remind us of the dark days of repression and criminalisation of thoughts and conscience. It is deplorable that the authorities are acting in a manner that subverts the Constitution and undermines the rule of law, due process and fair treatment of accused persons under the Constitution.”
The President is facing growing opposition from even some Kenyans who voted him into office, with his government having to defend itself to donors and the international community, which has strongly condemned his government’s tactics against protestors.
Reporting on killings and torture by police is a sensitive topic in Kenya, where watchdogs have long warned about a culture of impunity. In the 1990s, police were accused of suppressing critics of repressive President Daniel arap Moi.
The new tax increases that sparked the current demonstrations have prompted Kenya’s religious leaders to urge the president to repeal the package, warning that Kenyans face a hopelessness that “can easily inspire insurrection.”
According to the LSK, several children have been arrested, charged and remanded together with adults contrary to the provisions of the Children’s Act and Article 53 of the Constitution of Kenya, which recognises the right of all children to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhumane treatment and punishment, and hazardous or exploitative labour. Theuri reiterated the Society’s stand and commitment to holding all those responsible to account.
“We stand firm in our commitment to upholding the rule of law and defending the democratic principles that our nation was built upon. The Constitution of Kenya guarantees the right to freedom and security of the person, as well as the right to a fair and speedy trial…A healthy and vibrant democracy is built on respect for the rule of law, protection of human rights, and open channels for dialogue and dissent.”
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