18 January 2008
editorial
Nairobi — It is now quite clear that in certain instances the police are employing excessive force in handling the protests called by ODM over the disputed presidential election results.
Police denials ring hollow in the face of an incident broadcast on television showing two young unarmed men gunned down.
Police shootings in the circumstances recorded are totally unacceptable. There must be a clear distinction between use of reasonable force as a method of enforcing law and order, and what can only be cold-blooded murder.
The shootings in Kisumu, in particular, and anywhere else where live ammunition has been used, call for an inquiry of no less importance than any investigation that will be necessary to establish the killings and evictions in the Rift Valley and elsewhere in the country.
Meanwhile, it is time the police and other relevant organs stepped back and re-thought the strategy of using force to block opposition rallies.
It is apparent, for instance, that since the ODM programme of nationwide protests resumed on Wednesday, areas where the police exercised restraint, peaceful demonstrations passed without too many violent incidents.
Shouldn't the authorities start considering whether the blanket ban on rallies and use of force to disperse all gatherings are themselves contributing to the perennial violence?
One cannot argue with the fact that the police are mandated to ensure security and maintain law and order, and that it is sometimes necessary to employ force.
But the laws are also clear on the instances when lethal force may be used. Indiscriminate use of tear gas, batons and, more seriously, gunfire, is clearly not allowed and goes against all the safeguards built into the laws and regulations.
Perhaps now is the time to take a serious look at the emerging patterns and impose strict curbs on the mode and level of force that the police may use against demonstrators.
We could go further than that, even, and propose that the authorities lift the curb on opposition rallies. The police could allow the protests and be on standby only to ensure that the peace is maintained, intervening, again only with reasonable force, only where there is a direct and serious threat to security, law and order.
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