Interior Cabinet Secretary Kithure Kindiki sought to address the growing public outcry over the reported abductions and arrests of activists during the recent nationwide protests against the government's Finance Bill 2024.
Kindiki firmly refuted the claims of abductions, stating unequivocally that no activists had been abducted. "They were arrested by the police," he clarified, emphasizing that arrests can be made at any time, depending on the nature of the alleged criminal activity.
However, the cabinet secretary acknowledged that the current policy framework governing arrests and detentions is inadequate. "Right now, the policy framework is not there," he admitted. "You can be arrested at any time of the day or the night, depending on the nature of the crime you are committing."
To address this gap, Kindiki revealed that the government is working on a proposal to introduce a new policy framework in parliament that will provide clear, rule-based guidelines on the arrest and detention of individuals, particularly in the context of protests and civil unrest.
"We are working on a policy framework which will be introduced in parliament to provide a framework," Kindiki stated. This includes collaborating with the Office of the Director of Public Prosecutions (DPP) and the National Council on Administrative Justice to develop a standardized approach to decision-making and procedures for arrests.
"For example, the Director of Public Prosecutions has developed guidelines on how he arrives at a decision to charge someone. We have been in talks with the National Council on Administrative Justice whereby we want to come up with policy rule-based guidelines on how we arrive at a decision to arrest someone and the procedure," he explained.
Kindiki, who has faced criticism for the police's actions, acknowledged the need for a more formalized and transparent approach. "Currently, there are no formalized guidelines dictating the timing or circumstances under which arrests should be made, leading to concerns about arbitrary detentions and the potential for misuse of power and abductees held incommunicado," he admitted.