In Kenya, the use of force by police officers is a delicate and crucial issue, governed by the National Police Service Act of 2011. This legislation sets out clear parameters for when and how force can be applied, aiming to balance the need for law and order with the protection of individual rights and freedoms.
The Act specifies that police officers may use force in the following scenarios:
1. Self-defense or Defense of Others
Officers are permitted to use force to protect themselves or others from immediate harm. This recognizes the inherent dangers police face and their duty to safeguard lives in perilous situations.
2. Crime Prevention
Force can be used to prevent the commission of a crime. This proactive stance is vital in deterring criminal activities and maintaining public safety.
3. Effecting a Lawful Arrest
When making a lawful arrest, police may use force if a suspect resists or attempts to flee. The legitimacy of using force in this context depends on the lawfulness of the arrest and the necessity to overcome resistance.
4. Preventing an Escape
If a lawfully detained individual tries to escape, police can use force to prevent their departure. This ensures that individuals in custody remain so, upholding the justice system's integrity.
While the Act authorizes the use of force in specific circumstances, it also lays down stringent guidelines to regulate such actions:
1. Necessity
The use of force must be essential to achieve a legitimate objective. Officers need to determine if force is genuinely required or if other methods can achieve the same result.
2. Proportionality
The force used must be proportional to the threat faced. This principle ensures that the response does not exceed what is needed to neutralize the threat or achieve the intended purpose.
3. Reasonableness
The force applied must be reasonable given the situation. Officers must consider the severity of the threat, the urgency of the danger and the potential impact of their actions.
4. Minimum Force
The Act emphasizes that the least amount of force necessary should be used. This underscores the importance of restraint and prioritizing de-escalation techniques whenever possible.
The National Police Service Act of 2011 reflects a commitment to ethical policing and human rights. By providing clear guidelines for the use of force, the Act seeks to prevent abuse and ensure accountability within the police force.