Police to blame for most gun related deaths, says report

Over 200 cases of gun related killings by law enforcement agents have been documented in Kenya over the last two years, a new research by an anti-torture organisation has revealed.

According to the Independent Medico-Legal Unit (IMLU), most gun-related deaths (67 per cent) were caused by law enforcement agents with the remaining percentage accountable to thugs and undetermined causes.

The six-page report titled “Guns: Our security, our dilemma! Enhancing accountability for police use of firearms” points out that proportion of gun deaths due to police shooting was highest in Nairobi (68.5 per cent) and lowest in Kakamega (26.3 per cent).

According to IMLU, officers were responsible for 64 per cent of male deaths and 36.3 per cent of female deaths with the average age of the victims being 28 years.
“Complaints by relatives, witnesses and community members indicate an unlawful pattern of firearm use.

“We are aware of the threat posed by armed crime and take cognizance of the fact that pursing armed criminals is a hazardous process.

“But the use of firearms by the police has to be within the confines of the law,” the research, signed by IMLU executive director Mr Peter Kiama says.

According to the report, the use of lethal force when used appropriately is legally sanctioned by both statutes and case law.
“The local statutes that regulate use of firearms which include Firearms Act, National Police Service Act, Penal Code, Criminal Procedure Code, Draft Police Force Standing Orders and the Constitution of Kenya 2010 clearly spell use of firearms.
“The law allows the police to use firearms if the situation warrants it. This is in line with international standards and obligations. It follows therefore that compliance must be subject to inquiry,” says the report.
Mr Kiama said that his organization commissioned the research based on increasing incidents of armed crime and allegations of suspicious deaths in the hands of law enforcement officers.
According to the research, IMLU examined post-mortem records in five urban centres including Nairobi, Mombasa, Kisumu, Kakamega and Nyeri since 2009 with 2010 reporting the highest number of gun related deaths at 385.
According to the research, majority  of the deaths (86 per cent) were reported in Nairobi followed by Mombasa, Kisumu, Eldoret, Nyeri and Kakamega.
The report cites areas notorious for gun related deaths in Nairobi as Kilimani, Shauri Moyo and Kasarani with the public shooting standing at 43.3 per cent while deaths in business premises and homes accounted for 3.3 and 6.1 per cent respectively.
According to Mr Kiama, the majority of the deaths (97.3 per cent) were homicides while suicides and accidental shootings accounted for 1.0 and 0.3 per cent respectively.

“The circumstances of shooting fatalities were not determined for majority (46.7) of cases. Where information was available, almost all shooting fatalities occurred in the setting of robbery or organized gang crime.

IDENTIFICATION
“Inadequate documentation could not allow perpetrator identification in over 200 cases,” says the report.

In the research, IMLU analysed more than 1, 873 deaths resulting from gunshot wounds over a period of 5 years (2009- 2013) with Sunday being cited as the day where most gun related deaths were reported at 17.6 per cent while fewer deaths were reported on Tuesdays (11.6 per cent).

Mr Kiama raised concern over serious gaps in documentation of critical forensic findings at autopsy and stressed the need for development of a quality management procedure for the practice of forensic medicine to ensure comprehensive and standard reporting.