KNCHR Statement On Angata Barikoi Violence (Kilgoris, Narok County)

The Kenya National Commission on Human Rights strongly condemns the tragic and unacceptable loss of life and injuries sustained by civilians and police in Angata Barikoi, Kilgoris, Narok County, yesterday on Monday, April 28, 2025. Reports indicate that at least five individuals were fatally shot, and several others grievously injured, allegedly by officers from the General Service Unit (GSU) and Rapid Deployment Unit (RDU) deployed during a protest concerning a long-standing dispute over approximately 6,000 acres of land.

The Commission is deeply disturbed by the accounts of excessive and lethal force used against unarmed citizens exercising their right to protest. This incident represents a grave violation of fundamental human rights and freedoms enshrined in the Constitution of Kenya, particularly the right to life, human dignity, and security of the person. The KNCHR sends a message of condolence to all families that lost their loved ones and wishes quick recovery to the locals and police officers who were injured in the fracas.

The actions reported in Angata Barikoi represent a flagrant disregard for the supreme law of the land, the Constitution of Kenya, and the established principles governing the conduct of national security organs. The National Police Service, established under Article 239(1)(c), is mandated to strive for the highest standards of professionalism and discipline, prevent corruption, promote transparency and accountability, and comply with constitutional standards of human rights and fundamental freedoms (Article 244).

The reported use of live ammunition against protestors constitutes a severe violation of the Right to Life, guaranteed under Article 26(1) which states, "Every person has the right to life." Furthermore, Article 26(3) explicitly provides that "A person shall not be deprived of life intentionally, except to the extent authorised by this Constitution or other written law." The circumstances described, involving protests over a land dispute, do not appear to meet the stringent legal threshold required to justify the intentional deprivation of life.

The unleashing of violence upon civilians also contravenes Article 29, which guarantees the Freedom and Security of the Person. This right includes the right not to be "subjected to any form of violence from either public or private sources;" and "treated or punished in a cruel, inhuman or degrading manner." The deployment of GSU and RDU officers resulting in fatalities and injuries is a direct affront to this fundamental right and undermines Article 28, which upholds the Inherent Dignity of every person and the right to have that dignity respected and protected.

Moreover, the National Police Service Act (No. 11A of 2011), particularly the Sixth Schedule, outlines strict conditions for the use of force and firearms. It mandates that officers must "always attempt to use non-violent means first" and that force, when necessary, must be "proportional to the objective to be achieved" and used "only to the extent necessary." The Schedule further restricts the use of firearms to situations where "less extreme means are inadequate" and primarily for "saving or protecting the life of the officer or other person" or "in self-defence or in defence of other person against imminent threat of life or serious injury." The reported events strongly suggest a failure to adhere to these principles of necessity and proportionality, indicating an unlawful use of lethal force.

The underlying land dispute context also brings into question adherence to Article 40 (Protection of right to property) and Article 47 (Fair administrative action). Reports suggest the existence of a Court order prohibiting interference with the disputed land pending determination of a petition by affected families. If Government officials and security forces proceeded with demarcation activities in defiance of a Court order, this represents a serious breach of the rule of law, procedural fairness, and potentially the property rights of the residents involved.

Finally, the actions of the security forces contravene the principles of national security outlined in Article 238(2)(b), which demands that national security "shall be pursued in compliance with the law and with the utmost respect for the rule of law, democracy, human rights and fundamental freedoms." The primary responsibility of security organs is the protection of the lives and property of Kenyans, not the infliction of violence upon them.

Recommendations and Call to Action:

In light of these grave violations and the urgent need to uphold the Constitution and protect human rights, the Kenya National Commission on Human Rights makes the following specific calls to action directed at the relevant authorities and duty bearers:

1. To the Independent Policing Oversight Authority (IPOA):

Conduct immediate, thorough, impartial, and independent investigations into the circumstances surrounding the killings and injuries in Angata Barikoi, focusing specifically on the use of force and firearms by the involved GSU and RDU officers.

Expedite the investigation process and make public its findings and recommendations for disciplinary action and/or criminal prosecution.

2. To the Inspector General of the National Police Service:

Immediately interdict all officers involved in the shooting incident pending the conclusion of investigations by IPOA.

Ensure full cooperation of the National Police Service, including the GSU and RDU command structures, with the IPOA investigation.

Conduct an urgent review of the command decisions leading to the deployment of GSU and RDU units and the subsequent use of lethal force in Angata Barikoi.

Reinforce strict adherence to the Constitution and the National Police Service Act, particularly the provisions on the use of force and firearms (Sixth Schedule), among all police officers through mandatory retraining and clear directives.

Publicly commit to holding accountable any officer found to have used excessive or unlawful force.

3. To the Director of Public Prosecutions (DPP): Upon receipt of investigation files from IPOA or other relevant bodies, undertake prompt and impartial review of the evidence and institute criminal proceedings against any police officer or state official found culpable for the killings, injuries, or other related offenses. Ensure robust prosecution to secure justice for the victims and deter future violations.

4. To the Cabinet Secretary, Ministry of Interior and National Administration: Conduct an administrative review of the actions of officials involved in the land demarcation exercise, particularly concerning the alleged defiance of a court order. Take appropriate administrative action against any official found to have acted unlawfully or contributed to the escalation of the conflict. Facilitate dialogue between the affected community, county government, and relevant national government agencies to de-escalate tensions and seek peaceful solutions.

5. To the National Land Commission (NLC): Urgently investigate the historical context and legal status of the disputed 6,000-acre land parcel, including the verification of all existing title deeds and claims. Provide clear recommendations for the just and lawful resolution of the land dispute, respecting the rights of all parties involved.

6. To the Judiciary: Ensure the expeditious hearing and determination of the petition filed concerning the disputed land. Uphold the rule of law and ensure that all parties, including government agencies, respect and adhere to Court orders.

7. To the National Government and County Government of Narok: Ensure that the families of the deceased and the injured receive necessary support, including medical care, psychosocial support, and appropriate compensation/reparation.

Work collaboratively to address the underlying land issues and promote peaceful coexistence within the community.

8. To the members of the public: all Kenyans who choose to participate in demonstrations should do so peacefully and calmly. The Constitution only recognizes the importance of peaceful and orderly protests as a means of expressing grievances and seeking redress.

The KNCHR stands in solidarity with the families of the deceased and those injured (both civilians and police officers) and calls for calm among the residents of Angata Barikoi and urges all parties to refrain from violence and engage in peaceful dialogue. The Commission will continue to monitor the situation closely, engage with the relevant authorities, and advocate for the full realization of human rights for all Kenyans. The sanctity of life must be protected, and impunity for human rights violations must end.

Dr. Raymond Nyeris, PhD, Vice Chairperson, Kenya National Commission on Human Rights (KNCHR).