The Government of Kenya has released a sweeping new policy directive governing the use of force and firearms by police officers, marking a major step toward promoting accountability, professionalism, and respect for human rights within the National Police Service (NPS).
The directive, Policy Directive No. 1 of 2025 on Conditions as to the Use of Force and Firearms, was formally issued on Thursday by Interior Cabinet Secretary Kipchumba Murkomen under Articles 245(4) and 245(5) of the Constitution, alongside Section 61 and Schedules 6A and 6B of the National Police Service Act. It explicitly aims to standardize police conduct in the use of force while ensuring alignment with constitutional principles and judicial rulings.
The new policy emphasizes proportionality, necessity, precaution, and accountability as foundational principles. Police are only permitted to use force to the extent required for lawful duties and must exhaust non-violent options whenever possible. Firearms may only be used when there is an imminent threat to life or serious injury and no other viable means of protection exist.
Officers are prohibited from using force as a form of punishment, and the directive mandates that once a suspect is safely detained, no further force may be applied. Additionally, police must provide medical assistance to injured individuals promptly and notify oversight authorities in cases involving serious use of force.
Special care is directed when dealing with vulnerable populations, including children, the elderly, persons with disabilities, and victims of gender-based violence. The policy also reiterates the constitutional duty to safeguard peaceful assemblies and shield demonstrators from third-party interference.
To ensure effectiveness, the directive requires continuous professional training, with emphasis on de-escalation tactics, psychological readiness, ethics, and alternative dispute resolution methods. Officers will undergo periodic fitness reviews, and counseling services will be made available for those involved in force-related incidents.
Under the policy, all reportable force incidents, those resulting in injury, complaints, or firearm discharge, must be independently investigated. The Directorate of Criminal Investigations will embed specialized personnel within teams to ensure impartiality. A centralized data system will be established to track use-of-force incidents, training completion, and complaints.
To enhance transparency, the National Police Service is also tasked with deploying modern surveillance technologies, including body-worn cameras and CCTV systems, to support investigations and public confidence.
This directive follows a 2022 High Court ruling in Katiba Institute & Another v Attorney General & Others, which invalidated certain previous provisions on police use of force, prompting the need for an updated legal framework.
The Inspector General of Police, Douglas Kanja, has been directed to ensure full dissemination and implementation of the directive across all ranks of the police service.
The new policy marks a significant milestone in Kenya’s policing reforms, signaling a firm commitment to upholding the rule of law and protecting human rights in law enforcement operations.
Written By Rodney Mbua
