By Julius Ago
It is not a secret that police brutality has grown in lips ands bounds over the years. While police officers should be at the forefront regarding upholding the law, they have continually done the opposite. Police brutality, abductions and extrajudicial killings have become a normality in Kenyan society
Have you ever been in an encounter with Afandes as a suspected law offender and expected them to read you your rights like in Hollywood movies? One is met with the realization that Hollywood is not Kenya and it’s worth noting that, Kenya does not use the term Miranda rights but adopted similar laws, The Rights of Arrested Persons under the “Bill of Rights” in Article 49 of the Constitution of Kenya, as part of its legal system in 2010.
When you are arrested in Kenya, knowing your rights is crucial. Below are some of the rights that every individual has when arrested:
1. The Right to Remain Silent
You have the right to remain silent and not say anything that could incriminate you. Anything you say can and will be used against you in court.
2. The Right to Legal Representation
You have the right to an advocate. However, the state will provide one if you can’t afford a lawyer.
3. The Right to Know the Charges Against You
You have the right to be informed of the charges against you. This ensures that you understand why you have been arrested and what you are being charged with to plan your next course of action.
4. The Right to a Fair and Speedy Trial
You have the right to a fair and speedy trial. This means that the trial should be conducted without unnecessary delay, and you have the right to a lawyer during the trial.
5. The Right to Be Treated Humanely
You have the right to be treated humanely while in custody. This includes receiving medical attention, food, and water.
What happens when a police officer wants to search your personal belongings or your apartment?
Julius Ago describes his encounter with police officers in one of the Chuka hostels and how the ordeal affected him. (These views, thoughts, and opinions expressed in the text belong solely to the author and not necessarily to the Campus Review.)
“On an ordinary Thursday, 27th February, I had gone to my friend's place to study. It was my first time visiting her home, and hours after revising, we took a break to chat before preparing a meal. We were cooking while talking about school and life when suddenly there was a knock at the door. My friend went to open it, and to our surprise, two police officers barged in unannounced.
Without any former introductions, explanations or any greeting, one of the officers immediately started searching the house. The officer did not ask for permission, nor did he state his reasons for being there. This is a violation of the law since no Police Officer is allowed to search your home without a warrant. Article 31 of the constitution states that every person has a right to the privacy of their home, property, and possessions.
The Eighth Schedule of the National Police Service Act maintains that it is an offence for a police officer to unlawfully strike or use or threaten violence against any person.
While one of the officers was searching the house, the other officer asked for our names and demanded to see our student IDs for identification. After recording the information, he returned our IDs. After taking a keen look at the place, they simply left without a word, neither an apology nor their reason for their visit.
While I later speculated it could have been a drug search, an explanation could have been less traumatizing. We weren't allowed to ask questions about the visit that was on short notice because it could have landed us into more trouble.
During the launch of the NACADA Status of Drugs and Substance Use Among University Students in Kenya on February 13, 2025, NACADA raised concerns about the high rates of drug abuse in universities. NACADA described drug abuse as a 'fun' activity among students. This kind of behavior raises a crucial question. If the police, who are supposed to protect us, can violate our privacy so casually, how are we supposed to be safe?
Experiences like these do more than just create distress; they leave lasting physiological effects, as brought up by the National Institute of Health. Encounters with police officers should feel safe, but when officers behave aggressively, they build fear instead. The visit at my friend’s home left us shaken not just because of the search, but because of how powerless we felt.”
Police brutality has made headlines with every onset of any protest in Kenya. For instance, the Gen-Z protests last year saw the killing of more than 72 citizens, while the Kenya National Commission on Human Rights (KNHCR) documented the illegal abductions of more than 300 people.
This should have been a wake-up call to the police to start acting right and limit using excessive force on Kenyans, but all the raised concerns fell on deaf ears. Just recently, several journalists were brutally assaulted while covering a protest in Mathare, this goes against the ethics of an independent media. It also goes against the freedom of expression and rights to information.
When law enforcement officials act without accountability, they build a culture of mistrust. Instead of seeing police as protectors.
Studies from the National Institute of Health show that frequent negative encounters with law enforcement can lead to long-term trauma, especially among young people. Unfortunately, many individuals suffer in silence, fearing that speaking out against police misconduct will only invite trouble.
The Kenyan National Commission on Human Rights states that there have been a series of cases of violation of rights and application of excessive force, which has led to a mistrust between police and the community
To prevent incidents like these from continuing, systematic reforms must be put in place in some key areas that need urgent attention. Better training on civil rights, stronger oversight and encouraging citizens to report misconduct.
Kenyan police are ranked to be the third worst by the world internal security and police index; this should call for changes in the police system.
The independent policing oversight Authority (IPOA) is actively investigating and taking actions against rogue police officers, focusing on cases of misconduct. This comes up due to the three statuses that show the majority of cases against cops go cold since there are about 5900 cases on rogue police act, having only six cases to have been dealt with while the rest are under investigation as brought about by the standards.
Police officers play an important role in maintaining peace and security, but when they overstep their authority, they do more harm than good. The experience of being subjected to an unwarranted Search without explanation is just one of the many examples of how some officers neglect the rights of innocent individuals.
These actions not only violate protection but also create fear in us. Law enforcement agencies must prioritize accountability, transparency and respect for civil rights; until then, innocent individuals will continue to suffer unjustly in the hands of those who are supposed to protect them.
"If those sworn to protect our rights can so easily violate them without consequence, then who is truly keeping us safe?"
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