Inspector General Douglas Kanja Orders Probe Into Police Assault on Person With Disability

Inspector General of Police Douglas Kanja has initiated an urgent internal investigation into a viral video depicting police officers violently assaulting a person with a disability during recent Gen Z protests in Nakuru, Kenya. This incident highlights critical legal issues surrounding police use of force, the rights of persons with disabilities, and accountability mechanisms within the National Police Service. The probe will examine potential breaches of constitutional provisions protecting human dignity and freedom from cruel treatment, as well as violations of the National Police Service Act and the Persons with Disabilities Act. The investigation underscores the ongoing challenges of police brutality during public demonstrations and the imperative for adherence to human rights standards and the rule of law in Kenya.

Kenya's legal landscape is once again grappling with questions of police accountability following a distressing incident in Nakuru, where a viral video captured police officers violently manhandling a person with a disability during recent Gen Z protests. The graphic footage prompted an immediate response from Inspector General of Police Douglas Kanja, who ordered an urgent internal investigation into the conduct of the officers involved. This incident is not an isolated event but rather a stark reminder of the persistent allegations of excessive force used by law enforcement during public demonstrations in Kenya, particularly against vulnerable populations.

The Inspector General's directive signals a crucial moment for the National Police Service (NPS) to demonstrate its commitment to constitutionalism and human rights. For legal practitioners, this development necessitates a close examination of the interplay between police powers, the fundamental rights enshrined in the Constitution of Kenya, 2010, and specific legislation protecting persons with disabilities. This article will delve into the legal framework governing police conduct and the rights of persons with disabilities in Kenya, analyze the implications of the ongoing investigation, and consider the broader context of police accountability in the nation.

The legal framework governing police conduct in Kenya is primarily anchored in the Constitution of Kenya, 2010, which is the supreme law of the land. Article 29 of the Constitution guarantees every person the right to freedom and security, including the right not to be subjected to any form of violence from public or private sources, or to be treated or punished in a cruel, inhuman, or degrading manner. Furthermore, Article 28 upholds the inherent dignity of every person, which must be respected and protected. The Constitution also explicitly prohibits discrimination on any ground, including disability, under Article 27(4).

Complementing these constitutional safeguards is the National Police Service Act, 2011 (NPS Act), which provides detailed guidelines on the use of force by police officers. The Sixth Schedule to the NPS Act stipulates that police officers must always attempt non-violent means first, and force may only be employed when non-violent means are ineffective. Crucially, any force used must be proportional to the objective, the seriousness of the offence, and the resistance offered, and only to the extent necessary while adhering to the law and Police Standing Orders. The Inspector-General of the National Police Service (NPS) holds independent command over the Service and is responsible for its overall direction and policy implementation.

Regarding the rights of persons with disabilities, the Persons with Disabilities Act, 2003 (Cap. 133), aimed to secure their rights and rehabilitation, promoting equal opportunities and prohibiting discrimination. This Act has recently been repealed and replaced by the Persons with Disabilities Act, 2025, which came into force on May 27, 2025. The new legislation provides a more inclusive and enforceable framework, aligning with Article 54 of the Constitution and the UN Convention on the Rights of Persons with Disabilities (CRPD), and strengthening enforcement mechanisms. These legal instruments collectively establish a robust protective environment for persons with disabilities, making any act of violence or discrimination against them a serious legal infraction.

The incident in Nakuru, involving the alleged assault of a person with a disability by police, presents multiple layers of potential legal violations. Firstly, the use of violent force, if proven disproportionate and unnecessary, directly contravenes the principles outlined in the Sixth Schedule of the National Police Service Act, 2011. The Act mandates a graduated response, prioritizing non-violent means, and strictly limits the extent and nature of force. Secondly, and perhaps more gravely, such actions could constitute cruel, inhuman, or degrading treatment, a direct violation of Article 29 of the Constitution. The inherent dignity of the individual, protected by Article 28, is also fundamentally undermined.

Moreover, the fact that the victim is a person with a disability introduces an additional dimension of legal protection. Article 27(4) of the Constitution explicitly prohibits discrimination on the basis of disability. The Persons with Disabilities Act, 2003 (now superseded by the 2025 Act), also sought to protect and promote the rights of persons with disabilities, making any discriminatory or violent act against them a serious offence. The new 2025 Act, with its enhanced enforcement mechanisms, further solidifies these protections, implying a higher standard of care and non-discrimination expected from state agents.

The Inspector General's order for an internal investigation is a critical first step, but its effectiveness will be measured by its impartiality and transparency. While the National Police Service has an Internal Affairs Unit (IAU) empowered to investigate misconduct, the Independent Policing Oversight Authority (IPOA) plays a crucial external oversight role. Established under the Independent Policing Oversight Authority Act, 2011, IPOA is mandated to investigate complaints against the police, including allegations of human rights violations, and specifically has the authority to investigate any death or serious injury resulting from police action. Police officers are, in fact, required to report all deaths resulting from police actions to IPOA. This dual mechanism of internal and external oversight is designed to ensure accountability, though the efficacy of internal probes has often been questioned in the past, given the historical context of police brutality during protests in Kenya.

Past court rulings have affirmed that police commanders can be held criminally liable for unlawful actions by officers under their command, emphasizing the principle of command responsibility. This legal precedent underscores the gravity of the IG's role in ensuring discipline and adherence to the law within the NPS. The ongoing Gen Z protests, characterized by widespread arrests and allegations of police violence, including reports of protesters being tortured, further highlight the urgent need for robust accountability and a shift towards policing by consent, as envisioned by the Constitution. The outcome of this investigation will therefore be a significant indicator of Kenya's commitment to upholding human rights and reforming its police service.

The Inspector General's order for an investigation into the assault of a person with a disability during the Nakuru protests is a necessary, albeit initial, response to a deeply concerning incident. For legal practitioners, this case serves as a potent reminder of the constitutional and statutory protections afforded to all individuals, particularly vulnerable groups, against police misconduct. It underscores the importance of advocating for strict adherence to the National Police Service Act's provisions on the use of force and the robust enforcement of the Persons with Disabilities Act, 2025.

Moving forward, the legal community must closely monitor the impartiality and thoroughness of both the internal police investigation and any parallel inquiry by the Independent Policing Oversight Authority. The pursuit of justice in this and similar cases is crucial not only for individual victims but also for reinforcing public trust in law enforcement and upholding the rule of law in Kenya. Practitioners should be prepared to leverage all available legal avenues, including constitutional petitions and civil actions, to ensure accountability for police brutality and to champion the rights of all citizens to peaceful assembly and freedom from discrimination and violence.