The High Court has ruled that only the Independent Policing Oversight Authority (IPOA) has the powers to investigate incidents of deaths and injuries arising from police action and those happening in police custody.
Hon. Justice Lawrence Mugambi made a declaration on Friday, May 9th, 2025, that no other investigative agency- including those under the National Police Service (NPS) such as the Internal Affairs Unit (IAU)- is mandated to investigate deaths and injuries caused by police officers on duty, or to probe deaths happening in police custody.
The petition was filed by the Kituo Cha Sheria and Haki Africa, against the backdrop of parallel investigations of cases of police misconduct by IPOA, IAU and the DCI. The petitioners said the situation had resulted in interference and even obstruction of investigations.
“A declaration is hereby issued that investigation into all incidents of death and serious injury that are a result of police action, caused by a member of the police on duty, or that which happens while in police custody is the exclusive mandate of the Independent Policing Oversight Authority and not any other investigatory body including the Internal Affairs Unit (IAU) under the National Police Service (NPS)” Justice Mugambi said during the ruling.
The Court additionally ordered the National Police Service and the Office of the Director of Public Prosecutions (ODPP) to, within 90 days, furnish the petitioners with information and data on the official number of complaints of extrajudicial killing and enforced disappearance received from 2010 to date, and the consequences of such complaints, including number of prosecutions particularly officers that have been disciplined and criminally prosecuted.
IPOA is mandated to hold police accountable to the public in the performance of their functions and give effect to the provision of Article 244 of the Constitution. The functions of IPOA are stipulated under Section 6(a) of its constitutive Act, the Independent Policing Oversight Authority Act.