FROM LETHAL FORCE TO LEGAL ACCOUNTABILITY: A CRIMINOLOGICAL EXAMINATION OF JUDICIAL OVERSIGHT IN A TRANSNATIONAL POLICE KILLING CASE

Abstract

Using lethal force by the police is a major concern in the interplay between law and criminology and human rights especially when there is transnational concern. This study examines the role of judicial review in determining the reasonableness and responsibility of the use of lethal force by the police through a detailed qualitative case study of a high profile trans national police killing which was tried by the High Court of Kenya. Based on the use of a synthesis of criminological and doctrinal oriented law, the paper makes use of documentary analysis and thematic content analysis to reenact the case and examine the legal compliance and compare legal accountability mechanisms.The results indicate that the application of lethal force in the studied scenario did not comply with the constitutional, statutory, and international legal requirements, especially the doctrine of necessity and proportionality. It was determined that operational inadequacies such as failure to identify the target and use of unproven intelligence were among the major cause elements as well as organizational inefficiencies in planning and oversight. The paper also shows how judicial oversight has played a central place in upholding constitutional guarantees, investigation lapses as wellas indemnities. By applying the Police Use-of-Force Accountability Model, the study reveals how the incidences of lethal force are created through the combination of operational decisions, organizational structures and institutional reviews.The research is also significant in terms of directing criminology as it incorporates operations policing analysis with legal accountability models and provides insights into policy-relevant issues in enhancing control systems especially in transnational settings wherethe legal and jurisdictional challenges tend to result.