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DEMOS PRESS STATEMENT 

As the country goes into fresh Presidential Elections on 26th October 2017, we have witnessed an escalation of political rhetoric accompanied by assault and other forms of violence against innocent Kenyans. IEBC officials engaged in training and preparations for the Presidential elections, have not been spared either.

 Despite the frequent accusations levelled at the Police of alleged wanton killing and brutality, our records indicate that between 2nd and 16th October, 2017, four deaths have occurred as a result of Police intervention to stop violent demonstrations. Ten police officers have been injured and seven persons arrested who have been charged in court.

Here is the chronology of events:

  • On 6th Oct 2017 in Kusumu, violent demonstrators, barricaded roads leading to Kisumu town. The riotous mob later raided Tumaini Supermarket where they stole and destroyed goods estimated to be worth over Kshs. 6 million. Two supermarket workers were injured by the goons.
  • On 9th Oct 2017 in Nairobi, violent demonstrators marching along city streets, some armed with knives, stole mobile phones and other valuables from innocent passers-by. The violent demonstrators also attacked motorists along Uhuru Highway and damaged two Police cars and seven private motor vehicles.
  • On 9th Oct, 2017 within Kisumu, rioters pelted innocent passers-by with stones at Kibuye market in Kisumu town before stealing two fridges from Taifa Park after looting Garissa Lodge. They also hurled rocks at a police vehicle on patrol and smashed its windscreen.
  • On 11th Oct 2017 within Nairobi CBD, rioters demonstrated in the city centre and robbed innocent wananchi of their valuables. They also pelted parked motor vehicles with stones and damaged two Police vehicles.
  • And on 11th Oct 2017, a crowd stormed into IEBC offices in Kisumu and as they marched through the town, some hurled rocks at parked vehicles and display windows of business premises. Two Police officers and a male adult were injured in the melee.
  • On 11th Oct 2017 within Homa Bay town, the demonstration commenced peacefully but they suddenly turned wild and threw rocks at Homa Bay Police Station causing massive damage and injured a civilian member of staff.  The mob also hurled rocks at Police officers and managed to snatch a firearm from an officer on duty which they threw into a burning shed that they had set ablaze.
  • On 13th Oct 2017 within Kisumu town, demonstrators threw stones at Kondele and Nyalenda Police Stations and injured two Police officers. They looted a wholesale shop and set it ablaze but the fire was put off by the officers. They also stole valuables from Rarieda hotel.
  • On 13th Oct 2017 in Bondo, looters pretending to be demonstrators broke into several shops and hurled rocks at Police Officers attempting to restore A large mob also advanced to the Police Station and hurled hundreds of rocks using catapults. In the process of restoring order, three civilians later died of their injuries while a Police Officer also suffered serious injuries.
  • On 13th Oct 2017 in Migori, demonstrators barricaded Migori- Awendo road while hurling rocks at passing motor cars and extorting money from motorists. In the effort to restore order, two Police officers were injured and a Police vehicle was severely damaged.
  • On 17th Oct 2017 in Awasi -Kisumu, Siaya and Vihiga, unruly youths attacked and injured severely IEBC officials going for training programs.

 

From our records, between 2nd and 16th October, 2017, four (4) persons have unfortunately lost their lives in the confrontations between rioters and Police officers on duty to restore order. Ten (10) police officers have been severely injured and seven (7) persons arrested. In each of the four instances where death occurred, investigations have been launched whose outcome shall be made public.

For the avoidance of doubt, let it be known to the public that assault and/or obstruction of public officers from carrying out their lawful duties is a serious criminal offence under the Penal Code (Cap 63) of the Laws of Kenya.

The Penal Code Sect. 253(e) clearly states that:

“Any person who assaults another person on account of any act done by him in the execution of any duty imposed on him by law, is guilty of a misdemeanor and is liable to imprisonment for five years”

Equally, the Penal Code Sect. 106 further states that:

“Whoever holds out any threat of injury to any person employed in the public service, or to any person in whom he believes that person employed in the public service to be interested, for the purpose of inducing that person employed in the public service to do any act or to forbear or delay to do any act connected with the exercise of the public functions of such person employed in the public service is guilty of an offence and is liable to imprisonment for a term not exceeding three years.”

On the other hand, whereas it is the right of every citizen to participate or not to participate either as a voter or a candidate in an election, we wish to bring to the attention of the public that it is an offence under the country’s Election Offences Act (No. 37 of 2016) to use force or violence to prevent another person from voting.

Section 11 of the Act clearly states:

“A person who, directly or indirectly in person or by any other person on his behalf, inflicts or threatens to inflict injury, damage, harm or loss on or against a person—

  • So as to induce or compel that person to support a particular candidate or political party;
  • On account of such person having voted or refrained from voting, or
  • In order to induce or compel that person to vote in a particular way or refrain from voting,

Commits an offence and is liable on conviction to a fine not exceeding two million shillings or imprisonment for a term not exceeding six years or to both.”

Further section 13 of the same Act states that:

A person who interferes with election material, directly or indirectly, using threats of force, violence, harassment or otherwise … obstructs or hinders any election officer, candidate or agent in the execution of their lawful duties… commits an offence and is liable, upon conviction, to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding five years or to both...”

 

We wish to inform that the Police will endeavour to provide security throughout the country and ensure that those wishing to participate in the elections are accorded the space to exercise their democratic rights.

 Finally, we wish to assure the Public that the National Police Service will always discharge its mandate in strict conformity with the law.

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Israel

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Contact Us

Office of the Inspector General
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P.O Box 44249-00100 Nairobi, Kenya
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Website: www.nationalpolice.go.ke

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