Murkomen apologizes for Angata Barrikoi Police brutality, orders probe into officers’ conduct

Cabinet Secretary Kipchumba Murkomen has publicly condemned alleged police brutality in Angata Barrikoi, Narok County, issuing a rare government apology and ordering an immediate probe into the conduct of officers involved. The incident, which reportedly involved assaults, destruction of property, and fatalities during a security operation, has ignited significant public outcry and raised critical questions about police accountability and adherence to constitutional human rights safeguards in Kenya. This development underscores the persistent challenges in reforming the National Police Service and highlights the crucial role of civilian oversight bodies and judicial intervention in addressing instances of excessive force and ensuring justice for victims.

The recent condemnation by Cabinet Secretary Kipchumba Murkomen of alleged police brutality in Angata Barrikoi, Narok County, and his subsequent order for a comprehensive probe, marks a significant moment in Kenya’s ongoing struggle for police accountability. The incident, which reportedly involved severe abuses by law enforcement officers, including assaults, destruction of property, and loss of life, has drawn widespread public attention and condemnation. Murkomen, in a rare public apology from a senior government official regarding police conduct, described the officers' actions as unlawful and a 'stain' on the National Police Service and the government, emphasizing that security officers are mandated to protect citizens, not violate their rights.

This development is particularly pertinent for legal practitioners, as it highlights the enduring challenges in ensuring that law enforcement operates within the confines of the law and respects fundamental human rights. The Angata Barrikoi events underscore the critical need for robust enforcement of existing legal frameworks governing police conduct, the effective functioning of oversight mechanisms, and the pursuit of justice for victims of state-sanctioned violence. The ensuing investigation will test the commitment of the government and the National Police Service to uphold the rule of law and foster public trust.

The thesis of this article is that while Murkomen's intervention is a positive step towards acknowledging police misconduct, true accountability for incidents like Angata Barrikoi requires diligent application of Kenya's constitutional and statutory provisions, particularly those empowering independent oversight and guaranteeing human rights, alongside a sustained commitment to systemic reforms within the National Police Service.

Kenya's legal framework for policing is primarily anchored in the Constitution of Kenya, 2010, the National Police Service Act, 2011 (NPS Act), and the Independent Policing Oversight Authority Act, 2011 (IPOA Act). The Constitution establishes the National Police Service (NPS) as a national security organ, explicitly stating that it is subordinate to civilian authority and must comply with constitutional standards of human rights and fundamental freedoms. Specifically, Article 29 guarantees every person the right to freedom and security, including protection from any form of violence from public or private sources, torture, or cruel, inhuman, or degrading treatment or punishment.

The NPS Act operationalizes these constitutional principles, outlining the functions, powers, and obligations of police officers. Crucially, the Sixth Schedule to the NPS Act provides detailed rules on the use of force, stipulating that officers must first attempt non-violent means, and any force used must be proportional to the objective, the seriousness of the offence, and the resistance encountered. The Act also specifies that firearms may only be used when less extreme means are inadequate and for purposes such as protecting life or preventing escape from lawful custody for a felony. However, internal directives like the Standing Orders do not override constitutional scrutiny, which demands that any use of lethal force must be necessary and proportionate to an imminent threat to life.

To ensure accountability, the Independent Policing Oversight Authority (IPOA) was established under the IPOA Act, 2011. IPOA is an independent civilian body mandated to provide oversight over the work of the police, investigate complaints of misconduct, including excessive use of force, and recommend disciplinary or criminal action against culpable officers. This dual system of internal police investigations (by the Internal Affairs Unit) and external civilian oversight by IPOA is designed to prevent impunity and foster public trust in the National Police Service.

The Angata Barrikoi incident, characterized by allegations of widespread police brutality, destruction of property, and fatalities, represents a grave violation of the constitutional rights of citizens. Cabinet Secretary Murkomen's condemnation and directive for a probe, while coming from the Ministry of Roads, Transport and Public Works, rather than the Ministry of Interior which directly oversees police services, carries significant weight as a statement from a senior government official and a lawyer. His instruction to the Inspector General of Police, Douglas Kanja, to initiate internal investigations and ensure disciplinary and legal action against culpable officers, aligns with the broader government commitment to accountability.

The legal basis for such a probe is firmly rooted in the NPS Act and the IPOA Act. The Inspector General, as the head of the National Police Service, has the responsibility to ensure that officers adhere to the law and the Service Standing Orders. The probe will likely involve the Internal Affairs Unit of the NPS, which is empowered to investigate suspected police misconduct. Concurrently, IPOA has a statutory mandate to investigate any complaints related to disciplinary or criminal offences by police officers, either on its own motion or upon receipt of a complaint. This dual investigative pathway is crucial for ensuring impartiality and thoroughness, especially given historical concerns about police investigating themselves.

Kenyan courts have consistently affirmed the constitutional rights violated by police brutality. Cases such as *Munyao and others v. Attorney-General* (2014) and *Law Society of Kenya v. Inspector General National Police Service* (2020) have highlighted judicial condemnation of excessive force and the unconstitutionality of unreasonable force in enforcing public order. More recently, the Kisumu High Court awarded significant compensation to victims of police brutality during protests, emphasizing the violation of the right to life and security of the person, and invoking the principle of command responsibility. These judicial pronouncements underscore that police actions must always be lawful, necessary, and proportionate, and that commanders can be held liable for the unlawful actions of their subordinates.

The Angata Barrikoi incident also brings to the fore the persistent gaps in police reform implementation. Despite the progressive 2010 Constitution and the establishment of oversight bodies, instances of excessive force continue to be reported, often linked to inadequate training on new laws and a disregard for human rights. The call for justice and accountability by the Kenya National Commission on Human Rights (KNCHR) in similar incidents further emphasizes the need for prompt, thorough, and independent investigations, and compensation for victims. The challenge lies not just in identifying individual culprits but in addressing systemic issues that perpetuate such abuses, including the need for better equipment, training, and a culture of respect for human rights within the Service.

The apology and ordered probe by Cabinet Secretary Murkomen regarding the Angata Barrikoi police brutality incident signal a crucial, albeit belated, acknowledgement of serious misconduct within the National Police Service. For legal practitioners, this event reinforces the imperative to vigorously pursue justice for victims of police excesses, leveraging the robust constitutional and statutory protections available in Kenya. The ongoing investigation by the Inspector General, coupled with potential oversight by IPOA, must be thorough, transparent, and lead to tangible disciplinary and criminal consequences for all culpable officers, including those in command positions.

Practitioners should remain vigilant in monitoring the progress of this probe and be prepared to represent victims in civil claims for compensation, drawing on established jurisprudence that condemns unlawful use of force. Furthermore, this incident serves as a reminder of the broader need for continuous police reforms, including enhanced training on human rights, adherence to the use of force continuum, and fostering a culture of accountability. The ultimate goal is to ensure that the National Police Service truly serves and protects all Kenyans, upholding the rule of law and the dignity of every individual, thereby restoring public trust in a vital state institution.