By Nyang’au Araka
The Independent Policing Oversight Authority (IPOA) has launched investigations into the arrest and momentary detention of journalist Ode Francis while covering protests over rising fuel prices.
The authority said it would examine whether the officers involved acted within the law and followed established policing procedures during the incident.
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In a press release seen by GPC, IPOA Chairperson Duncan Ojwang’ Oburu said the authority initiated investigations on its own motion on October 20, a day after the incident.
“On 21st October 2026, the Authority contacted Mr. Francis as part of its preliminary investigations to establish the circumstances surrounding the incident,” IPOA said.
The authority said it would visit Central Police Station, examine relevant police records and obtain accounts from officers deployed to manage public order during the protests.
The investigations are expected to establish the circumstances of Francis’s arrest and detention and determine whether the officers’ conduct complied with the law.
Seven officers reportedly face questions
The probe follows reports that Francis, a Citizen TV journalist, was arrested on October 20 along Kimathi Street in Nairobi’s central business district while covering demonstrations against higher fuel prices.
Media reports said plainclothes officers dragged him and bundled him into a police vehicle despite objections from fellow journalists and members of the public who identified him as a journalist on assignment. He was briefly detained at Central Police Station before being released.
Citizen Digital reported that IPOA intended to question more than seven officers, including Central Police Station Sub-County Police Commander Patrick Gogo and officers alleged to have participated in the arrest.
The officers are expected to explain the circumstances surrounding the incident.
What the Constitution says
The incident has renewed attention on constitutional safeguards governing media freedom, expression and police conduct, particularly during public demonstrations.
Article 33 of the Constitution guarantees every person the right to freedom of expression, including the freedom to seek, receive and impart information or ideas. The right is subject to constitutional limitations, including those relating to incitement to violence and hate speech.
Article 34 guarantees the freedom and independence of electronic, print and other media. It also prohibits the State from interfering with people engaged in disseminating information or penalising them for the opinions expressed or content published, subject to the Constitution’s provisions.
Article 35 guarantees citizens access to information held by the State, while Article 244 requires the National Police Service to uphold professionalism and discipline, practise transparency and accountability, and comply with constitutional standards on human rights and fundamental freedoms.
Article 29 also protects every person’s freedom and security, including the right not to be subjected to violence from public or private sources or to cruel, inhuman or degrading treatment.
These protections do not automatically exempt journalists from lawful police action. However, any arrest or use of force must have a lawful basis and comply with constitutional safeguards.
Article 49 further provides that an arrested person has the right to be informed promptly of the reason for arrest, the right to remain silent and the right to communicate with an advocate, among other protections.
IPOA promises recommendations
IPOA said its investigation would determine whether the officers complied with the law and established policing procedures.
Once the inquiry is complete, the authority will make recommendations to relevant institutions, including on accountability if culpability is established.
The authority also said it would consider measures to strengthen cooperation between police and the media, acknowledging that the two often operate in the same environments during public-order operations despite having different roles.
“The Authority reaffirms its commitment to independently and impartially investigating incidents involving police officers and journalists in the course of their professional duties,” the statement said.
The Kenya Editors Guild (KEG), Media Council of Kenya (MCK) and the Crime Journalists Association of Kenya (CJAK) have also condemned the incident and called for accountability.
KEG demanded an apology from Inspector-General of Police Douglas Kanja and assurances that journalists would be protected while covering matters of public interest.
