The Independent Policing Oversight Authority (IPOA) has issued a strong warning to law enforcement officers against using firearms to disperse protesters.
In a statement on Thursday, April 24, 2025, IPOA said firearms should never be used for crowd control, and their use must be a last resort when all other means have been exhausted.
“When can a police officer use firearms in managing an assembly? Firearms should never be used to disperse an assembly. Indiscriminate firing into a crowd is always unlawful,” IPOA ‘s statement reads in part.
The oversight authority further emphasised that police officers are permitted to use firearms only when there is an imminent threat to life or serious injury, stressing that firearms should only be used in self-defence or to protect the life of the officer or others.
“A police officer may use a firearm only when all other means have proven inadequate and only for the purposes of saving or protecting the life of the officer or other persons and in self-defence or in defence of other people against an imminent threat of life or serious injury,” IPOA added.
Furthermore, IPOA urged officers to make every effort to avoid using lethal force, particularly against children, and must resort to non-lethal methods in situations involving violent protesters, such as those engaged in looting.
“A police officer shall make every effort to avoid the use of firearms, especially against children. Lethal force cannot be used to defend property. If violent protesters engage in looting, they must be confronted with non-lethal means,” IPOA’s statement reads in part.
IPOA, in addition, stated that police officers must identify themselves and issue a clear warning before using firearms, except in situations where doing so would put the officer or others at risk of death or serious harm.
“The officer must identify him/herself and give a clear warning (proclamation) of the intention to use the firearm, except where it would place the officer or another person at risk of death or serious harm,” IPOA concluded.
Court on water cannons and tear gas
On June 28, 2024, the High Court of Kenya sitting at the Malindi Constitutional and Judicial Review Division issued orders barring the police from using brutal force against peaceful protesters.
Lawyer Saitabao Ole Kanchory had, on June 24, 2024, moved to the court seeking orders to bar the police from using brutal force, carrying out extrajudicial killings, making illegal arrests, intimidation, torture, cruel, inhuman and degrading treatment and other excesses and violence against peaceful protesters.
Lady Justice M. Thande considered Ole Kanchory’s application, noting that he had demonstrated that the petition is arguable and not frivolous.
