The Kenya National Commission on Human Rights (KNCHR) has condemned the alleged assault and arrest of Citizen TV journalist Francis Ode by plainclothes police officers while covering protests against rising fuel prices in Nairobi.
In a statement issued on Wednesday, October 21, the commission called for an investigation into the incident, which occurred along Kimathi Street on Tuesday as demonstrators protested the high cost of fuel.
Ode was reportedly roughed up by officers who allegedly ignored his press identification before taking him to Nairobi Central Police Station. He was later released without charges.
The commission said the incident raised concerns over the protection of fundamental rights, including personal liberty, media freedom, peaceful assembly and the rights of arrested persons, as provided for under Articles 29, 34, 37 and 49 of the Constitution.
KNCHR also cited Article 244(c), which requires the National Police Service to comply with constitutional standards of human rights and fundamental freedoms.
The commission further referenced a High Court ruling in Law Society of Kenya v Kithinji & 5 others, which it said requires police officers deployed to police public assemblies to wear uniforms and remain identifiable.
KNCHR maintained that Ode’s release did not remove the need to establish the circumstances surrounding his arrest and alleged assault.
It called on the Independent Policing Oversight Authority (IPOA) to conduct a prompt and impartial investigation and pursue accountability for any misconduct established.
The commission also urged the Inspector-General of Police to preserve relevant footage and records relating to police deployment, the arrest and detention, and to cooperate fully with oversight agencies.
It further called for appropriate disciplinary action or prosecution where warranted by the findings.
The incident has drawn condemnation from media organisations and journalists’ associations, which have called for an independent investigation and measures to protect journalists covering public demonstrations.
