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{
    "id": 975071,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/975071/?format=api",
    "text_counter": 198,
    "type": "speech",
    "speaker_name": "Sen. Cherargei",
    "speaker_title": "",
    "speaker": {
        "id": 13217,
        "legal_name": "Cherarkey K Samson",
        "slug": "cherarkey-k-samson"
    },
    "content": "Extrajudicial killings and enforced disappearances present a grave affront to the Constitution and the administration of justice, in that persons profiled or suspected to have committed crimes are summarily executed without being subjected to the benefit of a fair trial, where evidence may be presented against them and the opportunity to rebut such evidence granted. Cognizant of its mandate, as set out in the Standing Orders of the Senate, I am pleased to inform the Senate that the Committee has since undertaken site visits and met stakeholders in Mombasa and Kwale counties. The Committee also held a sitting in Nairobi where it met and engaged with human rights, civil society organizations such as Amnesty International, as well as the Independent Policing Oversight Authority (IPOA). The preliminary observations and findings of the Committee disclose serious gaps in law and in enforcement of the law that have allowed these heinous practices to continue. These include- (1) The non-operationalization of the National Coroners Services Act, 2017 and the Prevention of Torture Act, 2017. Despite the President assenting this into law, these two laws have never been operationalized. (2) The failure by the Inspector-General (IG) of the National Police Service (NPS) to formulate and gazette regulations on the use of force and firearms, as required under the National Police Service Act. We have to note that there are no regulations in place on the use of force and firearms, and that is why some of these firearms are being leased to be used to commit crime. (3) Overlaps of mandates between the IPOA and the Directorate of Criminal Investigations (DCI) when it comes to investigating cases of arbitrary and unlawful use of lethal force by police officers. The police investigate themselves through the DCI, yet IPOA has been given oversight authority to investigate. Therefore, that was a big challenge because in Kiswahili we say; “ Mganga hajigangi.” That is why we find police officers investigating. It was also shocking that the IPOA admitted that they send evidence to ballistic experts, who are police officers. You will remember that there was a police officer who was accused of killing someone in Kisumu but because of change of the serial number of the firearm, that police officer went scot-free. (4) Lack of independent oversight mechanisms. Kenya Wildlife Service (KWS), Kenya Forest Service (KFS), National Prisons Service and the Kenya Coast Guard Service do not have oversight through the IPOA. (5) Refusal and/or failure by police officers to cooperate with the IPOA during investigations into extrajudicial killings, including in making available documents, reports and evidence that would be necessary in ensuring full investigations are undertaken. This is very serious because police who are killer cops operate an online account called ‘Hessy Cops’ where they post individuals that they kill. I am told that in Eastlands there is a Probox that is driven around, and young men are rounded up and taken to a particular police station or petrol station and summarily executed. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}