Lawyers accuse police of using excessive force on Nyanza residents

Red Cross volunteer's attend to those who sustained injuries during anti-poll protests at Kondele area in Kisumu County on October 24, 2017. PHOTO | TONNY OMONDI | NATION MEDIA GROUP

What you need to know:

  • Mr Odeny said they had engaged a team of five lawyers to collect evidence for the purpose of petitioning the International Criminal Court for action.

  • Kisumu members of the Law Society of Kenya condemned what they termed as excessive use of force on Nyanza residents during the Thursday repeat presidential polls.

Kisumu members of the Law Society of Kenya (LSK) have accused the police of carrying out extra judicial killings in Nyanza.

Led by the former East African Law Society President James Mwamu and LSK Kisumu Chapter vice chairman Bruce Odeny, the lawyers, who spoke in Kisumu on Friday, condemned what they termed as excessive use of force on Nyanza residents during the Thursday repeat presidential polls.

“The reports we receive from residents is that police invaded their houses, shooting and killing innocent people. Men, women and children have not escaped the wrath of the police,” Mr Mwamu said on Friday.

COLLECT EVIDENCE

“Section 61 empowers the police to use firearms but such powers are limited to preventing commission of an offence and they are limited to enable the police to arrest a civilian but not killing,” Mr Mwamu added.

He added: “We want to tell the Government that Kenya is not a police State and Nyanza is not an enemy territory. The forceful occupation of our province does not just smack off subjugation but is being perpetuated to oppress the people of Nyanza. We say no to strong arm tactics,” he said.

Mr Odeny said they had engaged a team of five lawyers to collect evidence for the purpose of petitioning the International Criminal Court (ICC) for action.

“That information is heavy and shall be forwarded to the ICC,” the lawyer said.

ANNOUNCE WINNER

Mr Chebukati, Mr Mwamu said, should go ahead and announce the winner of the October 26 presidential repeat elections.

“If he (Chebukati) is unable to achieve the voting in 290 Constituencies as required by law, he should go for advisory opinion of the Supreme Court pursuant to Article 163 (6) of the Constitution,” Mr Mwamu noted.

He said the final resolution of Kenya’s problems cannot be achieved through bullets, force and brutality.

“President Uhuru (Kenyatta) must have a national dialogue to deal with the issues of the country. He (President) must be advised that ruling through force and brutality is just a pyric victory and eventually the citizenry will resist such use of unlawful force,” he added.