First trial for crimes against humanity in Kenya
August 2024
Last week, IJM Kenya celebrated a major court decision that has paved the way for the trial of 11 police commanders accused of crimes against humanity.
These crimes include the murder of a six-month-old baby, and the torture and rape of 47 people in 2017, during the post-election violence.
The decision for the senior officers to face trial is groundbreaking. This trial is a first of its kind in several ways: a first for prosecuting crimes against humanity in Kenya; a first for holding police commanders accountable for their command decisions while on duty; and a first for charging senior police officers with sexual violence.
The ruling comes at a critical time when cases of police killings, abductions, assaults, and unlawful arrests of young people in the country have increased. Currently, the Kenyan Gen Z population is holding weekly protests against police excesses, bad governance, and a lack of accountability from political leaders.
In the last month alone, the police have killed over 60 young men, women, and children as young as eight years old during the protests.
In this case, the officers had managed to block their trials since November 2022, when they were first summoned to court. They filed multiple applications contesting the case on the basis that the charges did not meet the threshold of crimes against humanity.
For two years, the case has been pending in court. IJM Kenya has been working tirelessly with the office of the Public Prosecution, the Independent Policing Oversight Authority (the body mandated by law to investigate police officers), and two partners to challenge the applications by the officers.
Finally, the court agreed that the officers should be held accountable for the grave human rights violations committed against innocent people.
This case represents a critical test of Kenya's ability to hold senior security officials accountable for their abuses. A ruling in favour of police responsibility will have far-reaching implications for police reform, the rule of law, and justice for many survivors and victims.
The case will set an important precedent that can be applied to future cases of police abuses and human rights violations, especially during protests.
Find out more about IJM’s work to stop police abuse of power in Kenya >>
*Stock images used. Credit: IJM.