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The Ministry of Interior Cabinet Secretary Kipchumba Murkomen has issued his first policy directive of 2025 to the Inspector General of Police Douglas Kanja on the use of firearms and force by the National Police Service. The directive aims to ensure consistency, transparency, accountability, and adherence to the Constitution across the National Police Service. Citing Article 245 (4) and (5) of the constitution and sections 61, 6A and 6B of the NPS Act, Murkomen said the directive excludes contested provisions in part B, paragraphs 1(c), (d), and (e). It seeks to standardize the use of force within a clear legal framework. The policy stipulates that the police may only use force when it is lawful, necessary, and as a last resort.
Officers are instructed to apply the minimum force required strictly for the performance of their duties. The use of force as extrajudicial punishment is banned, and no further force is justified once a suspect is safely in custody. Officers must consider the seriousness of the offence, the level of resistance, and the immediacy of any threat before taking action. Nonviolent alternatives must be explored first. The use of firearms is limited to situations involving an immediate threat to life or risk of serious injury, and only when no other methods are available to neutralize the danger. Any incident involving firearm use must be reported to the Independent Policing Oversight Authority(IPOA).
In cases of unlawful but nonviolent assemblies, officers are advised to avoid force or restrict it to the minimum necessary. Moreover, the policy mandates that peaceful demonstrations must be protected from interference, in line with Article 37 of the Constitution. Murkomen’s directive places strong emphasis on the protection of vulnerable groups such as children, the elderly, persons with disabilities, and others. To enhance transparency and preserve the integrity of investigations, police are required to adopt modern technologies including body worn cameras, fixed CCTV systems, and digital evidence tools. The policy also mandates the creation of a centralized data system to monitor the use of force, public complaints, training completion, and other key accountability indicators.
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