Footage Shows Kenyan Police Fired at Journalist Covering Protests

The person – seated immediately behind the driver- is hard to make out and we can’t see the weapon they were carrying. But we can clearly see a ‘puff’ from a gunshot fired from this position. Measuring the distance between the vehicle and the group’s location indicates the shot was fired from less than ten metres away. Bellingcat obtained images of the three pellets later removed from Kariuki’s leg at a hospital – suggesting the weapon was a model which fires pellets or rubber bullets of some kind. 

Kariuki’s medical report from the Provincial General Hospital – Annex where she underwent surgery states:

“Patient presented after being involved in a shooting sustained [three] penetrating injuries to the left thigh.”

An Amnesty International paper on the use of kinetic weapons, such as rubber bullets and other projectiles, outlines that these weapons should only be used in “exceptional circumstances” and considered on the upper level of the use of force scale, just below lethal firearms.

“This means their use can only be justified if it is to prevent another person from being severely injured and not for any lower risk than this…Furthermore, it is unacceptable that a kinetic impact projectile will injure other persons who do not present such a threat.”

The Kenya Human Rights Commission (KHRC) has reviewed footage of the shooting. Ernest Cornel, communications lead at KHRC, told Bellingcat:

The use of force violates the rules outlined in Kenya’s National Police Service Act and violates international standards, such as the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, which emphasise that force should be used only when absolutely necessary and in a way that is proportional to the threat.

“The actions depicted clearly violate international guidelines on the use of less-lethal weapons and force, as well as international laws that protect freedom of expression, peaceful assembly, and association.” 

In addition to the unnecessary and excessive use of force, the firing towards journalists and other civilians represents a threat to the rights of freedom of expression and peaceful assembly, he said.

Cornel said Kenyan police need to review how the use of force has been deployed in response to protests, adding that the shooting of Kariuki suggests a broader issue with police response tactics during protests. The officer responsible should be suspended from duty while the investigation is carried out and the officer’s superiors should also be held accountable if there is evidence they failed to prevent misconduct or condoned it. 

Additionally KHRC urges IPOA to conduct a swift investigation into cases of police misconduct.

“Accountability is not only about addressing the actions of the individual officer but also about examining the systemic issues that allowed the misconduct to occur.” 

The Shooting from Kariuki’s Point of View

Kariuki told Bellingcat that protesters were concentrated in a small area of the city and she was moving between Kenyatta Avenue and other main roads when she was shot.  

A tear gas canister had been fired in her direction earlier that day, but it happened while she was near Kenyan police officers, so she assumed it was an accident, she said.

Kariuki had been reporting from the streets for about two hours when she was shot in front of Faulu Bank.

“It was only journalists and some police officers who were manning one of the microfinance banks, around that place.”

Because it happened so quickly she couldn’t identify the officer who shot at her.

Kariuki told Bellingcat that she wants the case to be properly investigated. Achieving accountability in this case is important because of the wider threat facing journalists, she said. Kariuki has filed a complaint with IPOA but is worried that the investigation may drag on and that no one will be ultimately held accountable.

“It’s my prayer that one month doesn’t elapse before I’m given an update.” 

“I talk about press freedom because I’m not the only journalist who has been attacked.” 

Police Response

Nakuru County Police Commander, Samuel Ndanyi told Bellingcat he had not seen footage of the shooting and denied police fired from their vehicle at reporters.

“We did not have any police officers firing from the moving vehicle towards the journalists.”  

He said police were deployed to the area to disperse protesters, and described the incident as “quite unfortunate”.

“No police officer left his or her house with an intention that they were going to do what happened,” Ndayni told Bellingcat.  

He did not answer questions about whether use of force guidelines were followed. He said a number of officers had recorded statements about the incident but he said he did not know if the officer involved had been suspended. 

Ndanyi told Bellingcat the case is currently being investigated by IPOA and said he was awaiting the results of this probe.  

Bellingcat contacted IPOA to ask about the status of the investigation and when the findings would be published, but they had not responded at time of publication. 

Bellingcat also contacted The Office of the Attorney General and Department of Justice to ask about this incident and wider issues of police accountability, but had not received a response at time of publication. So far no one has been held accountable for the shooting.

Since Kairuki was shot, the International Press Association (IPA) of East Africa reported that at least three journalists were injured while covering anti-finance bill protests in Nairobi earlier this month when they were hit with tear gas fired at close range. 

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