Kenyan Police Beating Anyone, Even for Being a Luo, is A Criminal Act, Period!

The Kenyan Police or any police for that matter, does not have the right to beat anyone, be it Luos or anyone else.

Now before I continue, let me confess that I have many friends, policemen, who are carrying their duties, legally. I even have family members who are policemen, and in the army. So, this is to those few rotten apples. The select few. The twisted brains. Those who beat people. Those who torture Luos. Those who shit on international law, pee on our constitution, and drag our statutory laws in the cow dung mixed with mud. The mavi ya kuku.

Now, there is no law against running from police before you are arrested, and before they speak to you. But, my advise, do not run from the police if you see one (or smell one). Running is enough for a preliminary level of suspicion. If the police show up and you take off running, that is enough to give rise to suspicion by a policeman and they are entitled to chase, an arrest you, and question you!

Now, the police have the power to arrest you, even for a crime you have not committed. They can always say you are helping in investigations, or very smart ones, those whose sisters are lawyers, will say they held you for your security. Remember the phrase, if a policeman follows you for 1 km, you are likely to break a law you never knew existed, like loitering, being a vagabond, idle and disorderly, or looking suspicious, and in today’s Kenya, looking like a Luo.

Now, the police does not have the right to beat you or hurt you after arresting you no matter what offence you are booked for. That is not what the law prescribes.  No law allows the police to beat you, unless it is to apprehend you.

So, a police canning someone who is not fighting back, but is hiding his head from being beaten. Criminal police. A pig of a police. Bure kabisa.

A policeman hitting a woman with a batton, and the woman is holding her hands, shielding her face, not moving at all, cornered. An ass of a policeman. A thug. Mjinga.

A group of policemen, kicking a man on the ground, who is offering no resistance, at all. Chicken shit. Mavi ya kuku. Foolish criminal policeman.

A policeman who enters your house, at midnight, without a warrant or cause, hits a father, while in bed, hurts the baby, and now the baby is in Agha Khan Kisumu, in a comma. Confused and retarded police. Criminal.

Police do not have any right to beat or hurt you in any way to omit or act as per their discretion, if they do so it would be unjust and you can bring this in front of a Magistrate or the Superior Officials. And before NASA Secretariat too.

As per the law, the accused, if arrested, (and if the investigation is not completed within the period of 24 HOURS,  from the time of arrest), then police is required to produce you in court, and no justification of “we are still doing investigations” can be relised on. Those statements are ill informed, illegal, unconstitutional, parajudicial, and extrapolice powers.  

No court gives any kind of permission or authority to police to beat the accused while in or outside its custody. 

As of procedure, every court officer/magistrate, is obliged to ask the accused whether he has "any complaint of ill-treatment" against the police. If you were abused, say yes, then Magistrate has to examine the veracity of that complaint of ill-treatment and if physical or internal, soft tissue injuries are found, then accused is referred to Medical Officer for finding out the truth in the allegation of ill-treatment. If the complaint of accused against the police officer appears to be prima-facie true, then the Magistrate has to register a complaint against the concerning police officer.

Remember, the only time their allowed to use force, is to put you down, and hand cuff you. Not to beat you, like a dog, like Kenyan, Ugandan, and other policemen, even in America, do to protesters. Policemen are all the same, you give them a leeway, they will beat you like a pig. Maybe it is the frustration of their poor houses. I wonder why they do not build them good houses. NASA promised them better houses. Too bad they have not declared Raila the winner.

The police cannot hurt you unless you present them with such conditions where applying force becomes necessary for them. For example if you are resisting arrest or not legitimately complying with their instructions. However if you are complying with their orders and yet subjected to assault, you can drag them to court. Get a lawyer immediately. Do not wait to cordially resolve it with this police. Never negotiate with a policeman who beat you today. They will beat your ex- girlfriend tomorrow.

The police only have right to "question" and "examine" you. They can ask, are you a Luo, you say yes, and they say, you are under arrest, and you should never refuse, say, ok. They should say you are walking like a Luo, and so, we want to examine you for stones, and you should never refuse. And if they do not find stones, they can say you were looking like you want to commit a violent act. Do not argue. Do not talk back rudely. Just say, no sir. Yes sir. No sir. Yes sir. Be very polite.

The basic jurisprudential aspects governing being beaten for being a Luo is found not in law but in customs. Torture has been a practice since long accepted by States universally to retrieve certain information. Now, according to one basic principles of international law, "that which is not explicitly illegal in international law, is otherwise legal." As such torture becomes illegal for the Kenyan police, period.

Man handling is an offence against law. The police know it. In their training school, they are told to beat. But it is illegal. They are told, “nyorosha”, meaning, in English, “nyorosha”. But they know it is illegal. Their trainers know it is illegal. But they are corrupt in their minds. So, they corrupt the recruits. And they beat Luos. For being Luos. And on the day of being taken to court, they threaten you with more beating after court, to such an extent, you will be scared to tell this in the court - while on trial. You say you hit your face on the wall while waking up.

And if the accused is a women then they can't arrest her and put her in the jail at night or late evening. But Kenyan police. Ha! You saw them hitting a woman with sticks. A woman. Sticks. Bure kabisa.

Police didn't have Rights to beat anyone. At the extreme moments like riots they can use tear gas and water spray to control the incident that to with the higher authority's permission. But they cannot beat. They use teargas, to overpower, and arrest. Not to beat. Why do they give you handcuffs, stupid fools!

There two conditions whereby police is empowered to use physical force:

One, to enforce arrest police can use reasonable force. Reasonable force. Hitting a child sleeping is not reasonable, by any stupid fat pig definition.
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Secondly, in law and order situation, police can use force  to disperse mob if it, using force, remains only way out. But it has to restrained force only for purpose of maintaining law and order. Canning an old man, while coleagues are laughing, is not restrained, or reasonable! It is cancer of the brain. But it is okay, because it was a Luo being canned. An old Luo man. In Kisumu.

The police has no right to beat or assault any person whether he is criminal or suspect. Even if they found you have just finished killing someone, and you are sitting on them. They cannot beat you, or assault you, only arrest you! Even if you are a Luo, eating fish, and they catch you eating the fish, the head, in Kibera, Mathare, or Kisum Cit. They cannot assault you for being NASA sympathizer.

Now, police officers frequently make split-second decisions during fast-evolving confrontations, like in a riot, or when entering a Luo’s home at midnight, in Kondele, Mathare, or Kibira, and should not be subject to overly harsh second guessing, or through 20/20 hindsight. But shooting a fleeing person, who was not already under arrest, who is not a prisoner, is murder. M.U.R.D.E.R. And if that Luo child in Kisumu, Agha Khan, dies, that is Murder. And all those Luos who died because they were Luos, sleeping at night, in Mathare, Kibera, or Kondele, MURDER.

This post is written by Ojijo Pascal Al Amin K’Oteko. You can contact him for clarification on +256776100059, or ojijop@gmail.com