Assessment of International Human Rights Instruments and Their Application on Extra-Judicial Killings by the National Police Service in Kenya

Extra-judicial killings have been of concern in Kenya, especially as the perpetrators are state agents, the National Police Service. Kenya is a signatory to key international human rights instruments and is therefore bound to respect and uphold the foundation documents of international human rights law. The study assessed the key international human rights instruments and the application on extra-judicial killings by the National Police Service in Kenya. The study objectives sought to analyze the various international human rights instruments and how they are effective on extra-judicial killings by the National Police Service in Kenya. The study analyzed the historical background of extra-judicial killings in Kenya and the perspective from the global to local level. This presented an understanding of extra-judicial killings since Kenya gained independence and the efforts undertaken by the various governments to address them. The literature review focused on the international, regional and domestic human rights instruments. The theoretical perspective of the liberal school of thought was adopted due to the key role international institutions play in cooperation among states which reduce the opportunity of conflict and that states are embedded in international and domestic laws that constrain their actions. The research methodology employed was the desk method which is based on secondary data collected through qualitative analysis. The study linked the obligations of Kenya to international human rights instruments, especially on the right to life of persons. The results indicated that international human rights instruments are effective on the limitation of extra-judicial killings by the National Police Service in Kenya. The government of Kenya has undertaken various steps to address extra-judicial killings such as the domestication of international instruments which form part of the laws of Kenya and setting up various commissions which have been significant in the reforms of the National Police Service. Despite the commitments, Kenya has faced a backlash from the international community for extra-judicial killings which have been documented in various reports such as Amnesty International (2017). The National Police Service has faced criticism for failure to adhere to the rule of law notwithstanding the major police reforms that the country committed to after the 2007/2008 post-election violence and which were included in the Constitution of Kenya (2010) and subsequent legislation. The study also found that some factors inhibit the limitation of the extra-judicial killings in Kenya include corruption, lack of political will, police impunity among others. Among the study recommendations of the study include adherence to the Constitution, police professionalism, ratification of treaties, and alternative dispute resolution. This thesis will be a valuable source for policy makers at the international, regional and domestic level in formulating strategies for limiting extra-judicial killings.