Limiting the right to life: assessing the use of firearms in dispersal of crowds in Kenya
Date
2021-03
Authors
Kosgei, Davis Kiprono
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
The main objective of this research project was to establish whether the use of firearms io disperse crowds as provided by Kenyan law, specifically sections of the Public Order Act and the Penal Code, is a justified limitation on the right to life in Kenya. The methodology applied to achieve this objective was a desktop analysis of relevant primary and secondary sources including statutes, journal articles and case law.
Description
Under the Constitution of Kenya 2010, the police are required to respect, uphold and protect human rights in the exercise of their duties. I Under international law as well, the police as state agents are required to comply with human rights standards. In the use of force particularly, the police are required to exercise restraint and to only employ force proportionate to the seriousness of the offence and the legitimate objective to be achieved. 3 Further they are to adhere to the human rights principle of proportionality requiring that the force they use should be legal, necessary and reasonable