What the Law Says About Police Violence During Protests in Kenya

On the streets of Nairobi this week, another tragedy unfolded. During peaceful demonstrations demanding justice for the death of Albert Ojwang in police custody, a young man named Eli Joshua, a street vendor selling masks, was shot in the head by a police officer — unprovoked. He now lies in critical condition in hospital.

Sadly, this is not an isolated event. Kenyans are increasingly asking: What does the law actually say about police use of force during public protests? Are these shootings legal?

At Sheria AI, we believe that legal knowledge is power — especially when public rights are threatened. Here is what the Kenyan legal framework says — and how these events clearly violate it.

⚖️ What Is the Right to Protest in Kenya?

Constitution of Kenya (2010), Article 37 guarantees:

“Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.”

✅ In short: Peaceful protest is a constitutional right.

No law — including the Public Order Act — can cancel this right.

🚔 What Are the Rules Governing Police Use of Force?

Kenya is not without clear legal rules. Here is the framework:

1️⃣ The Constitution: Article 29(c) & (d)

Guarantees freedom from violence, whether from public or private sources, and freedom from:

“Torture in any manner, whether physical or psychological; and from cruel, inhuman or degrading treatment.”

2️⃣ National Police Service Act, Section 61

(Use of force and firearms)

• Use of force must be proportional, only when absolutely necessary.
• Firearms may only be used in extreme cases:
  • to save lives,
  • to prevent grievous bodily harm,
  • or as a last resort.

Section 61(5): Intentional lethal force shall not be used unless strictly unavoidable in order to protect life.

✅ In the case of Eli Joshua, a vendor not posing any threat, lethal force is clearly unlawful.

3️⃣ Public Order Act (Cap. 56)

• Requires notification of public meetings, but does not criminalize peaceful protests.
• Does not give police the power to disperse peaceful assemblies violently.
• Police must facilitate, not frustrate, peaceful protests.

4️⃣ International Human Rights Law (binding on Kenya)

Under:

• UN Basic Principles on the Use of Force and Firearms
• African Charter on Human and Peoples' Rights

Kenya is bound to:

✅ Respect freedom of assembly
✅ Ensure strict necessity and proportionality when using force
✅ Investigate every death caused by police

🚨 How the Shooting of the mask vendor Violates the Law

• Legal RuleStatus in This CaseRight to peaceful protest (Art. 37)-Violated
• Prohibition of excessive force (Art. 29 & NPS Act)-Violated
• Guidelines on firearm use (NPS Act, Section 61)-Violated
• Duty to protect life-Violated

Shooting an unarmed vendor — without provocation — during a protest, amounts to:
✅ Excessive force
✅ Potential extrajudicial execution
✅ A grave violation of both Kenyan and international law

🛡️ Your Rights During Protests

As a citizen:

• You have the right to peacefully assemble and express yourself.
• Police must not use force unless absolutely necessary.
• You cannot be arrested or harmed for protesting peacefully.
• If injured, you have the right to file for:
  • Compensation
  • Criminal prosecution of officers
  • Independent investigation (via IPOA)

📣 Conclusion: Legal Power Is People Power

Police violence at protests is illegal — and every Kenyan must know this.

The shooting of the mask seller is not only a human tragedy — it is a clear legal violation that demands:

✅ Independent investigation
✅ Prosecution of the responsible officer
✅ Systemic reform of police conduct during assemblies

At Sheria AI, we are committed to helping Kenyans:

• Know your rights
• Navigate the legal system
• Demand justice