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collection 2020

"They Don't Know How Else to Be" 

Why is Violence the Kenyan Police Language?

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A past passout parade. Top officers during the colonial times were mainly white. FILE PHOTO| NATION MEDIA GROUP

“They don't know how else to be except in violent opposition to civilians,”Nanjala Nyabola

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It was an hour to the dusk to dawn curfew. Tension was building at the Likoni crossing channel in Mombasa, Kenya. Ferry users anxious to arrive home before 7 pm as ordered and police officers frantically enforcing social distancing at the channel, were pulling in different directions. However, the thin thread of tolerance snapped and all hell broke loose.

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First, tear gas rent the air, followed by the deafening sound of gunshots throwing people into confusion as they scampered for safety. Unable to breathe, some women lay on the side of the road vomiting and crying engulfed in a cloud of tear gas. Men and women who could not outrun the police were clobbered on their knees. Red Cross ambulances and paramedics rushed to the scene to rescue injured Kenyans beaten ruthlessly.

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*Prof Clifford Stott interview accessed on the Economic and Social Research Council Youtube Channel

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*Scenes reconstruction NTV 2020, Chaos at Likoni ferry channel as GSU offices descend on commuters, Youtube Channel

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Police order Mombasa residents on ground on March 27, 2020 just hours before the start of nationwide curfew to curb spread of coronavirus. PHOTO | LABAN WALLOGA | NATION MEDIA GROUP

You would be excused if you thought that this was a faceoff between protestors and the police. These were not your usual protestors who were out of hand and were looting shops and harassing other pedestrians and motorists.

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But such scenes of police brutality are not new to Kenyans. Police have a track record of using excessive force on innocent civilians, protestors and criminals. In handling protests, the aggressive tactics are justified as attempts to restore peace and protect public property from damage.

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However what puzzles the country is the continued use of force on civilians despite overwhelming promises of transforming the police service, renamed from police force. In the past two years, the service has witnessed several reforms including changes on the command structure, uniform, housing and training in Administration Police, Kenya Police and the Directorate of Criminal Investigations (DCI).

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Yet, the recent happenings cast a dark shadow on the entire reform process.

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Several explanations have been advanced to explain the continued use of excessive force on civilians. Lack of commitment, poor pay and living standards, and toxic work environment have been blamed for police officers unprofessionalism.

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When President Uhuru Kenyatta imposed a nationwide curfew from 7pm to 5am, it sent chills up everyone’s spine even though at this point the country had recorded only 28 cases of Coronavirus infections.

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Kenyans were more fearful of the repercussions of being caught on outside the stipulated hours. To enforce such orders, the government usually deploys the General Service Unit (GSU), colloquially referred to as the Fanya Fujo Uone unit (FFU) which is Swahili for Make Trouble and See. This unit is known for its ruthless tactics brought to the fore during the post-election violence that rocked the country in 2007.

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General Service Unit officers in Nairobi on March 27, 2020. PHOTO | EVANS HABIL | NATION MEDIA GROUP

But what would explain police violence during the curfew, where the aim was to contain the spread of a pandemic. Some have alluded that the police were under intense pressure from their seniors to ensure the enforcement of the curfew while others opined that police were right to punish those violating the curfew order.

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While this may explain the use of force, it is important to look beyond the surface. Is the violent culture in the police service an effect of colonialism? Are our police officers relying on outdated training in public order policing? These are questions that we ought to consider when questioning police behavior.

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Police violence has been an issue bedeviling the country even before its independence in 1963 but despite attempts to tame the dragon, it grows stronger. In 2019 alone, IPOA reported that 210 people were victims of extrajudicial killings while 3,200 people reported cases of police abuse last year which is six times the number of people who reported such cases in 2013.

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The history of the Kenya Police Service dates back to the colonial times when the imperial powers used police officers as an instrument of direct colonial domination. In the colonial times, the police used violent and abusive tactics to oppress the natives, a characteristic that was seemingly retained after the country gained independence. This points to an ingrained culture of violence in the police service.

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Ms Nanjala Nyabola, a Kenyan writer, humanitarian advocate and political analyst, holds that the Kenya Police Service is a product of post colonialism. The author of "Digital Democracy, Analogue Politics: How the Internet Era is Transforming Kenya" pointed out that the idea that civilians are the natural enemies of the police is embedded in their operating logic.

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“They don't know how else to be except in violent opposition to civilians,” she explained in a tweet.

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In her article, Decolonize the Kenya Police Service published on the African arguments website, Ms Nyabola noted that the problem with the Kenya Police Service is not that of a few bad elements but an ideology of oppression that is deeply embedded in the police units in the country.

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A past passout parade. Top officers during the colonial times were mainly white. FILE PHOTO| NATION MEDIA GROUP

The situation in Kenya mirrors the state of policing in Ghana, a former Britsih colony. In an article published in the International Journal of Police Science & Management, scholars Francis D. Boateng and Isaac Nortey Darko, explored the effects of colonialism on policing in Ghana. In their study, the scholars identify similarities in policing in the colonial times and in the contemporary police force in Ghana.

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Just like in Ghana, formerly the Gold Coast, the police force in Kenya is a direct creation of the British colonial powers that employed paramilitary tactics to suppress opposition, coerce labour and protect the political and economic interests of the imperial power. This is coupled with continuous harassment and disrespect of fundamental human rights of innocent citizens.

“The police continue to use repressive measures and other paramilitary tactics in discharging their civil mandates. Criminal and non-criminal suspects are constantly being beaten and tortured during interrogations,” indicated the article.

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The authors suggest that one way to boost police legitimacy is for the police to untangle themselves from the past. Both countries are grappling with a police culture characterized with corruption, violation of human rights, use of excessive force on innocent civilians, inefficiently and an unaccountable service.

 

The police have been accused of being elitist in nature, failing to serve and protect the interests of the poor in the society. As a low income country, most Kenyans struggle to cover their basic needs, making them vulnerable groups and easy targets for the police. In enforcing the curfew, the poor bore the brunt of police brutality.

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A report compiled by the World Organisation against Torture demonstrates the extensive violence deriving from deep poverty and inequality in Kenya. The findings of the report are consistent with what the country witnessed in the enforcement of the curfew.

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Although colonialism provides great insight into the violent policing culture, the victimization of the poor, we must also shift our focus to police training and their knowledge base.

Recent studies have shown that public order policing is shifting from brutal policing to soft policing but that shift has not been witnessed in Kenya.

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The application of mob psychology in nearly every policing situation may result in the use of force even in unjustified situations. The police have for decades had a one size fits all mentality in their approach to public order instead of handling each situation independently.

According to Stella Cherono, the South Rift Regional Editor and Crime reporter, the police knowledge on group dynamics in the country is limited contributing to the use of force in unjustified situations.

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“The Kenya police officer is not trained on Human Rights and they are never briefed well on what they need to do,” she noted. She added that they approach their work with lots of lethargy because there’s no motivation.

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As witnessed in most protests in the country, police intervention has resulted in the escalation of chaos rather than pacify the tension. This points to an assertion that the only way a crowd can be contained is through violence containment.

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In dealing with crowds, a Kenya police officer holds the classic theory on crowd psychology that argues that an individual loses his personality when in a crowd and the collective crowd mind dominates resulting in collective action.

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Prof Clifford Stott, a researcher in Public order policing, found there was a strong relationship between police theoretical knowledge on crowd psychology and the use of excessive force to contain crowds. The scholar has suggested new approaches to crowd psychology that boost policing without force.

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"… much of the conflict we witnessed in our research was brought about by particularly aggressive forms of policing that set in motion dynamics of escalation in a crowd, creating the psychology of a riot," he said in a past interview.

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Scholars acknowledge that a few individuals in a crowd could be hostile but this should not be translated to mean that the entire crowd is deviant and therefore justify mass containment. But holding the classic view of a crowd being inherently violent leads to the use of repressive tactics which only escalate the public disorder and increase damage. As a result, even those who were peaceful and did not pose any danger are caught up in the clamp down.

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This has a spiral effect on the relationship between the citizens and the police, brewing public distrust in the police, a common trend in Kenya. When a police officer beats an innocent civilian, the victims feel betrayed by the same authority put in place to protect them from such harm.

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As a result, citizens have less trust working with the police which would help in isolating those inciting the crowd to violence and ensure peaceful gatherings. For instance, police officers at the channel revealed that impatient ferry users pelted stones against them forcing them to strike. This argument underpins the logic of mob psychology applied by police officers in such situations.

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Prof Stott research underscores the need for governments to update police education relating to understanding group dynamics to pave the way for tolerant negotiated management of the public order. There is a relationship between police theoretical understanding of crowd psychology and their strategic and tactical orientation, the study underpinned.

About the Author
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Police officers in Nairobi on March 27, 2020. PHOTO | SILA KIPLAGAT | NATION MEDIA GROUP

Police training plays an important role in determining how police respond to protests or gatherings. Most police officers hold the view that use of force is the paramount approach to quell an uneasy crowd. Many of those officers often called upon to respond to protests have not undergone any refresher training on public order management either.

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A report published on Policing Protests in Kenya, showed that more than half of the police officers lacked training in crowd control and were susceptible to the use of excessive force to contain crowds.

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“The research findings show that the young and energetic police officers are mostly preferred in the allocation of public order control duties at the station level. Yet, these officers mostly have not gained much experience in terms of police work and more so public order control,” noted the report compiled by the Centre for Human Rights and Policy Studies.

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More than half of the respondents in the study indicated that the crowd dynamics and psychology training offered during the initial recruit training was not adequate. This points to a police service with limited knowledge on improved practices in public order policing.

Reflecting on the increased cases of police brutality, an update of the police education may bridge this gap in knowledge ensuring a spiral effect on policing and public trust in the service. Human rights and civil grounds have been piling pressure on the government to ensure accountability in the police service.

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In a rare move, the President apologised for violence by the police following the enforcement of a nationwide curfew last week. Some of the junior police officers captured assaulting Kenyans have been interdicted but most have escaped punishment.

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Already, Ipoa has launched investigations into the cases of police violence witnessed across the country amid fears that most cases will go unreported. IPOA chairperson Anne Makori condemned “the brutality and unlawful and excessive use of force” on residents of Mombasa noting that police must respect the law in discharging their duties.

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The police bosses are often quick to interdict junior police officers following public criticism but this only provides a short term reprieve for the victims and efforts to reign in police brutality. The discussion needs to move beyond reprimanding. The government ought to consider decolonising the police service and updating the public order policing to the violent culture of the law enforcers.

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About the Author

Grace Gitau,

Kenya

Grace is a Kenyan journalist, passionate about making a difference in her country while taking a proactive approach in the fight against corruption and poor governance through reporting and writing. Her interest in data journalism inspired her to enrol into EMJ’s Business and Finance specialization.

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