LSK condemns Rex Masai killing, arrest of content creators amid anti-Finance Bill protests

The Law Society of Kenya (LSK) expressed anger on Saturday against the use of excessive force in quelling anti-Finance Bill protests, while announcing that it was probing atrocities by the police and would take appropriate action.

LSK President Faith Odhiambo also said they would ascertain the veracity of information about the demonstrations and that they were also seeking to unravel why online content creators were being arrested.

Odhiambo demanded that the Directorate of Criminal Investigations (DCI) and the Independent Police Oversight Authority (IPOA) cooperate to unmask, within three weeks, the perpetrators of these heinous acts against participants in the 'Occupy Parliament' protests.

"We intend to ensure that these criminal elements within our police [service] face the full force of the law. As we fulfil our statutory mandate, we urge members of the public to continue to express themselves and exercise their rights within the confines of the law."

She was referring to the case of Rex Kanyike Masai, who was shot dead by the police during last Thursday's protest in Nairobi.

"The @LawSocietyofKe is keeping keen watch on today's planned protests. It is fundamental that the Sovereign people of Kenya exercise their right under Article 37 without fear of persecution or unwarranted acts of aggression. We call on the protestors to maintain peace and order… pic.twitter.com/Q2cylDf5Xh

— Law Society of Kenya (@LawSocietyofKe) June 20, 2024

While noting that Tuesday and Thursday's protests were largely peaceful, as the participants were not intent on damaging property, Odhiambo regretted that the police disregarded the "bare minimum" demand to exercise restraint.

"The police resorted to the disproportionate use of force, maiming, harassing and violating the rights of innocent, peaceful protestors. The death of Rex Kanyike Masai was not an isolated incident, it was the tipping point of a string of brutish acts by the police against peaceful protesters," noted Odhiambo.

She further said the endangerment of lives through the application of excessive force is not merely "unethical and distasteful" but also "illegal and unconstitutional."

"The inability and refusal of the police to adhere to their mandate can no longer be condoned, and it is detestable that extrajudicial killings, arbitrary conduct and the use of excessive force remain the modus operandi of sections of our police."

The LSK also joined calls for the DCI to clarify the whereabouts of popular content creator Crazy Nairobian, real name Billy Simani, who was reportedly arrested on Friday and has not been seen or heard from since then. Some have alleged that he was abducted in Mwihoko.

Law Society of Kenya (LSK) President Faith Odhiambo addresses the press at a past function, flanked by heads of human rights organisations. (Photo: LSK)

Political consultant Dennis Itumbi has claimed that Simani was being held after a government official's complaint against him.

"I have checked with the police why Crazy Nairobian, Billy, is under arrest. I understand he sent threatening messages. I get hundreds of those myself and they do not bother me. But, well, it is a crime. I am unable to intervene, though I strongly disagree. I will reach out to the complainant to see if he/she can withdraw [sic]," he said in a post on X, formerly Twitter.

The LSK is one of 25 organisations calling for the Directorate of Criminal Investigations (DCI) to clarify the whereabouts of the content creator as well as any other people arrested over the protests.

Among them were the Bloggers Association of Kenya, the International Commission of Jurists (ICJ-Kenya), Amnesty International-Kenya, the Independent Medical Legal Unit (IMNLU), the Law Society of Kenya (LSK), the Kenya Medical Association, and the Defenders Coalition.

In Nairobi, at least 200 people have been injured and 100 arrested during the demonstrations against the planned tax hikes in the Finance Bill. Civil society groups have vowed to continue the demonstrations despite the crackdown by security agencies.

President William Ruto has urged legislators to pass the bill, which he insists is a fundamental part of Kenya's bid to lower its foreign debt and become more financially independent.