The High Court in Kisumu, Kenya, has ordered the Inspector-General of Police and the Attorney-General to report every four months on their progress towards implementing guidelines governing public order management and the use of force. This ruling was made by Justice Alfred Mabeya, who found the two officials in contempt of court for failing to comply with earlier orders. The orders were issued in a petition filed by survivors of the 2023 Kisumu cost-of-living protests.
The petition was filed by survivors of the 2023 Kisumu cost-of-living protests, who were represented by lawyers contracted by International Justice Mission (IJM) Kenya and other human rights organizations. The court directed the respondents to begin filing compliance affidavits in January and continue every four months until the guidelines are fully developed and published. Justice Mabeya warned that failure to comply with the reporting directives could attract sanctions.
The Attorney-General informed the court that a Public Order Management Bill addressing similar issues was already before Parliament. The court rejected an attempt by the Inspector-General to engage a private law firm alongside lawyers from the Attorney-General's office, stressing the need for prudent use of public resources. The court stated that private counsel should not be engaged where sufficient justification has not been given.
The survivors and other interested parties had objected to the engagement of additional private counsel at public expense. Lead counsel Moses Omondi welcomed the ruling, saying it provided a clear mechanism for monitoring implementation of the judgment. He stated that the implementation process would require extensive public participation and could not be completed in a single day.
The Law Society of Kenya Kisumu Chapter chair Dorcas Akinyi said the organization was ready to participate in the anticipated public participation process. She emphasized the importance of the court's continued supervision in ensuring the public order management framework was put in place while urging police and other state agencies to uphold human rights and the rule of law.
The case also involves investigations into 28 survivors, with the Independent Policing Oversight Authority (IPOA) recommending inquests in nine cases and closure of the remaining 19 files, citing lack of evidence. However, the survivors have challenged the recommendations, arguing that they require further interrogation and do not demonstrate that prompt, thorough and complete investigations were conducted.
The court will hear arguments on the application on December 15. The ruling has been seen as a positive step towards ensuring accountability and transparency in public order management. The implementation of the guidelines is expected to promote human rights and the rule of law in Kenya.
Key points
- The Kenyan court has ordered the Inspector-General and Attorney-General to report every 4 months on progress towards implementing public order guidelines.
- The guidelines aim to regulate public order management and the use of force by police.
- The court's continued supervision is crucial in ensuring the implementation of the guidelines and promoting human rights in Kenya.
