High-ranking police officers in Kenya will now face criminal liability for crimes committed by their subordinates, following a landmark ruling by the High Court.
Justice Jairus Ngaah ruled that police commanders, including the Inspector General of Police (IGP), can be held personally accountable for unlawful actions by officers under their command, including the use of excessive force against peaceful demonstrators. The ruling came after a suit by human rights groups, including Katiba Institute, over the handling of doctors’ protests last year.
The decision aligns with the doctrine of command responsibility under international humanitarian law, which mandates that commanders, whether police, military, or civilian, can be held accountable for failing to prevent or address violations committed by their subordinates. This indirect liability emphasizes a failure to act when necessary to uphold the law.
Advocate Leah Aoko of Utu Wetu Trust highlighted the importance of this chain of accountability, noting it can deter abuses and ensure law enforcement operates within legal boundaries. “When officers commit offences, their superiors will now be held responsible. This creates a powerful incentive for commanders to ensure their juniors comply with the law,” she explained.
The doctrine has been effective in other jurisdictions and is being tested for the first time in Kenya. Yvonne Oyieke, executive director of Utu Wetu Trust, emphasized its potential to bring justice and accountability for victims of police misconduct. “This approach ensures survivors not only get justice but also recognition of their suffering,” she said.
The system outlined in the Geneva Conventions and the Rome Statute of the International Criminal Court underscores the responsibility of commanders to prevent or respond to crimes committed by those under their control. Failure to act makes them criminally liable.
Human rights defenders believe this precedent will strengthen accountability within Kenyan law enforcement, reduce abuse of power, and ensure justice for victims.
