OPINION| In Effecting Arrests, The Degree of Force Used Must Be Proportional To The Gravity of The Offence and The Legitimate Objective To Be Achieved

By Zadock Angira

NAIROBI, Kenya, Jan 20- Though police officers are generally allowed to use reasonable force when arresting suspects, the law clearly states that nothing should justify the use of greater force than is reasonable or necessary.

Use of force, especially to effect an arrest, is usually deemed “excessive” when the actions are unnecessarily aggressive or confrontational when lesser actions may have been appropriate in resolving the situation.

Section 21 of Kenya’s Criminal Procedure Code (CPC) stipulates how arrests should be made.

Officers may use all means necessary to effect an arrest if the suspect forcibly resists the endeavour to arrest or attempts to evade the arrest.

In most cases, police officers are advised to use the minimum force necessary to diffuse a situation, even if it would take longer.

This is because the use of unnecessary force can lead to repercussions, including criminal prosecution and civil lawsuits, especially when police overstep the bounds of necessity.

The amount of force officers can use at the time of arrest should be determined by a number of factors including the seriousness of the offence, whether the suspect poses a threat to the officers or any other member of the public or when he or she attempts to escape to evade arrest.

Even deadly force can be used when an officer has probable cause to believe the suspect to be arrested poses a threat of serious harm to him or any other member of the public around. However, such force is unjustified when the suspect poses no immediate threat to the officer and others.

Firearms can also be used where it is necessary to confront an imminent threat of death or serious injury.

Under Section 22 of the CPC, if an officer has reason to believe that the person arrested has entered a place and accessing that place is not possible the officers can break-in, to effect the arrest.

At all times, officers must not only strive for the highest standards of professionalism and discipline but also comply with constitutional standards of human rights and fundamental freedoms.

The Constitution of Kenya explicitly protects the rights to life and human dignity. No person should be subjected to any form of violence, torture, or treated in a cruel, degrading, and inhuman manner.

In normal police operations, sometimes the lawful use of firearms or force is unavoidable. Officers are however required to always attempt to use non-violent means first, and only use force when such means are ineffective or fail to achieve the intended result.

In all cases, the degree of force used must be proportional to the gravity of the offence, and the legitimate objective to be achieved, among others. These rules are set out in the National Police Service Act.

Zadock Angira is the Chairman of Crime Journalists Association of Kenya (CJAK) and a seasoned Security Writer based in Nairobi, Kenya.