PROSECUTION OF OFFICERS WHO CAUSED THE DEATH OF THE PROTESTERS
HAKI Africa is a human rights organization whose primary mandate is championing the observance of fundamental rights and freedoms as guaranteed under the constitution.
Following the protest of 18th June 2024 and those subsequent thereto, a number of protestors were shot dead with the circumstance pointing out to the police as the perpetrators.
We understand under Article 157 (4) of the constitution you have the power to direct the Inspector General of the National Police Service to investigate any information or allegations of criminal conduct and the Inspector General has to comply.
We suspect you have not invoked your power to demand for such investigations. We therefore ask you on behalf of the Kenyan Public that you make such a demand and more specifically for the following information:-
i. Copies of all the post-mortem reports done on the victims of the protests.
ii. Ballistic Reports of the bullets retrieved from the bodies. This is important as you will be able to identify the gun used.
iii. Firearm handing over reports from various Police Stations and armories. This will enable you to identify the officer who used the guns that caused the deceased’s death. Those officers should be the suspects/ accused persons and should be arraigned in court.
iv. Copies of the briefs given to the officers before the operation and allocations of operation areas. This will show you the officers who operated in the areas where the deaths occurred and who was their commander.
v. Names of the officers who were in command of the officers who engaged the protestors. These should be liable for allowing the use of live bullets, allowing officers to shoot at protestors, and failure to stop the officers from using excessive force.
We believe this is information that you are able to get in the next 5 days to place you in a position to parade the responsible officers in court to answer to the charge of murder or any other charges related thereto.
In the meantime, we notify you that, if you will not take the above-stated action or any other action that leads to charging the officers responsible for the deaths of the protestors, then we as an organization shall institute private prosecution on behalf of the citizens of Kenya and in particular the victims of said deaths.
Sincerely,
Yusuf M. Aboubakar
Executive Director
HAKI Africa.