Photo/courtesy.
By Peter Mwibanda
NAIROBI, Kenya .
A disturbing trend has taken hold in Kenya, where the National Police Service — constitutionally mandated to protect life and property — appears to be transforming into a force of fear and suppression.
Reports of police brutality, illegal arrests, enforced disappearances and custodial deaths are no longer isolated. They are becoming alarmingly routine. The recent death of Albert Onjwang in police custody is one among many that paint a picture of a police force operating with impunity.
The question many Kenyans are now asking: Have the police gone rogue?
A Force Against the People
The Constitution of Kenya, passed in 2010, envisioned a professional and accountable police service. Article 244 mandates the National Police Service (NPS) to respect human rights, uphold the rule of law and build trust with the public.
But what is unfolding across the country sharply contrasts with this vision.
Security officers have been filmed violently dispersing peaceful protests, abducting citizens under the cover of darkness, and in extreme cases, engaging in extrajudicial killings. Suspects have disappeared without trace — or later turned up dead — often without any formal charges or due process.
These are not isolated missteps. This is systemic abuse.
Where Is IPOA?
The Independent Policing Oversight Authority (IPOA), established under the IPOA Act of 2011, was created to investigate deaths and serious injuries caused by police action. Its role is to ensure accountability and justice.
Yet, in high-profile cases like Onjwang’s, IPOA appears silent, slow or simply absent.
Public confidence in the agency is eroding. Many Kenyans are now questioning whether IPOA has been compromised, intimidated, or rendered toothless by inadequate resources and bureaucratic delays.
If the authority cannot deliver justice in cases widely covered in the media, what hope exists for victims in less visible corners of the country?
A Crisis of Command
Section 17 of the National Police Service Act gives the president — through the Cabinet secretary for Interior and the National Police Service Commission (NPSC) — powers over deployment and discipline within the police.
Additionally, Section 95(c) authorizes the president to issue policy directives on national security matters in consultation with the National Security Council.
President William Ruto, as commander in chief of the defense forces, bears ultimate responsibility for ensuring law enforcement is carried out within the bounds of the law. The president must not allow the police to operate as a private militia or tool of repression.
The NPSC, which oversees hiring, transfers and discipline, must also be held accountable. When officers accused of serious misconduct are merely transferred instead of being prosecuted, it speaks volumes about the rot within the system.
Rogue or Rotten?
A rogue police officer is a threat. A rogue police system is a national crisis.
What Kenya is facing is not just misconduct by individuals — but a pattern of systemic abuse and institutional decay. The normalization of excessive force, illegal detentions and custodial torture points to an urgent need for reform.
Suspending a few officers or firing a regional commander won’t solve the problem. What is required is comprehensive, transparent and people-centered reform.
What Must Be Done
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Independent investigations into all deaths and disappearances linked to police action.
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Restructuring and empowering IPOA, including mechanisms for citizen oversight and accessible complaint channels.
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Public vetting of police leadership, especially commanders implicated in human rights violations.
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Executive intervention, with the president using powers under Sections 17 and 95(c) to restore public trust.
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Judicial oversight and civil redress, ensuring officers are held individually liable for violations of rights.
A Defining Moment
Kenya cannot claim to be a functioning democracy while tolerating state-sponsored violence. The police must never become a tool of oppression.
Civil society, citizens and institutions must speak out. Silence allows impunity to thrive. The National Police Service must be reformed, reoriented and held accountable.
Kenya stands at a crossroads. The choice is stark: uphold the rule of law, or slide into a republic governed by fear, not justice.
Ends.
