From Baby Pendo to Albert Ojwang: Why police killings persist in Kenya

Each time a Kenyan dies at the hands of police under controversial circumstances, a predictable cycle ensues: public outrage, an official statement, and the suspension of a few officers.

Despite years of watchdog reports, policy reforms, and repeated government pledges, police brutality remains deeply entrenched in Kenya’s law enforcement culture.

‘Suspensions without accountability’

Suspensions are often portrayed as swift disciplinary action, but in reality, they have become symbolic public relations tactics aimed at quelling public anger.

In the recent case of blogger Albert Ojwang’, who died under mysterious circumstances after being booked at the Nairobi Central Police Station, Inspector General of Police Douglas Kanja ordered the interdiction of the Officer Commanding Station (OCS), the duty officer on shift, the cell sentry, and other officers present during the incident.

However, little progress has been made in the investigation. The OCS, Samson Talam, is yet to be officially charged after DCI boss  Mohammed Amin claimed he was a prime suspect in the investigation.

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There has also been mounting pressure to have Deputy Inspector General of Police Eliud Lagat sacked and charged for Ojwang’s murder after IG Kanja confirmed that he had complained of being defamed by the blogger before he was arrested.

“Suspending junior officers is hoodwinking Kenyans. For any meaningful investigations to be done, Mr. Eliud Lagat must be suspended immediately,” said former Deputy President Rigathi Gachagua.

Quiet reinstatements undermine justice

In many cases, suspended officers are quietly reinstated or transferred without public disclosure. After the fatal shooting of Rex Maasai during the anti-tax demonstrations in June 2023, the OCS of Central Police Station—accused of overseeing excessive force—was later promoted to deputy police commander.

Most rogue officers face only administrative penalties rather than criminal charges, and justice is rarely served in public view. This recurring lack of consequence fuels a cycle of abuse and mistrust.

A culture of impunity

The use of excessive force has been embedded in Kenya’s policing culture in recent years. Police often use tear gas, batons, and live ammunition to disperse protesters, even when they are peaceful, particularly in informal settlements.

Protesters are also labelled “criminals” or “gang members,” a tactic meant to drive public sympathy away from victims and legitimize state violence. When addressing the nation after protesters breached Parliament during last year’s anti-tax demonstrations in June, President William Ruto said, “An otherwise legitimate expression of the fundamental rights and freedoms of assembly, demonstration picketing, and petitioning of public authorities by a section of law-abiding citizens of the Republic of Kenya was infiltrated and hijacked by a group of organised criminals.”

Furthermore, there seems to be internal protection mechanisms in the police service where senior officers shield their juniors making accountability elusive. In April this year, BBC’s ‘Blood Parliament’ documentary exposed several officers who allegedly used lethal force during protests. Despite revealing names and faces, there has been little visible accountability to date.

‘Toothless’ oversight bodies

The Independent Policing Oversight Authority (IPOA), mandated to investigate police misconduct, takes the share of blame for its apparent failure in ensuring justice for victims of police brutality.

Chronic underfunding, political interference, and lack of prosecutorial authority have been attributed to its this failure. In its July–December 2023 performance report, the authority noted:

"IPOA also experienced challenges that affected its operations, including inadequate funding, non-cooperation by some witnesses and NPS officers, and limited implementation of its recommendations. We recommend enhanced budgetary allocation and compliance with Section 10(m) of the NPS Act."

Despite high-profile cases and widespread documentation of abuses, few cases proceed to court—and even fewer lead to convictions.

Use of police to settle political scores

The police service has also been used as a tool for political repression. During the 2024 anti-government protests, dozens of demonstrators were killed or injured yet no senior police commanders have been prosecuted or disciplined for their role in the violence.

Recently, activist Rose Njeri was arrested after developing a web platform to enhance public engagement with Parliament. Her detention is a classic example of police can be used to frustrate government criticis because charges against her were later dropped after public uproar.

“The politicisation of the police reinforces a culture where officers feel emboldened to act with impunity,” said Hussein Khalid on Spice FM. “Institutions like IPOA are deliberately underfunded to render them ineffective. They are kept alive just to tick the boxes.”

Delayed justice

The tragic 2017 killing of six-month-old Samantha Pendo remains one of the most heartbreaking symbols of delayed justice. Police were accused of shooting her to death during a post-election crackdown in Kisumu. Years later, her family and rights advocates still await closure, as the case crawls through the judicial system.

Each delay deepens the frustration of victims and erodes trust in institutions meant to protect them.

Marginalised communities bear the brunt

Police brutality is most pervasive in Kenya’s low-income areas, where residents are most vulnerable and least empowered to seek justice. Fear of retaliation discourages reporting of abuse, and legal representation is often inaccessible.

These communities endure systemic violations in silence, enabling impunity to thrive unchecked.

Training gaps and mental health neglect

Human rights organisations, including the Kenya National Commission on Human Rights (KNCHR), have consistently criticised the police service for inadequate training in human rights, de-escalation, and crisis response.

Officers often work under intense pressure, poor pay, and without mental health support. These conditions can aggravate aggressive behaviour and foster hostile interactions with civilians.