Year: 2026
Type: article
Abstract: The use of firearms by law enforcement officers represents one of the most critical exercises of state authority because it directly affects fundamental rights, particularly the right to life, human dignity, and security of the person. Although police officers are legally authorised to use force in maintaining public order and protecting society, such authority must be exercised within the principles of legality, necessity, proportionality, and accountability. In Tanzania, police firearm use is regulated by the Constitution, the Police Force and Auxiliary Services Act, and Police General Orders. However, these legal provisions do not necessarily ensure effective accountability where investigations and disciplinary processes remain largely within internal police structures. This article examines lessons from South Africa and Kenya on police firearm accountability and their implications for strengthening accountability mechanisms in Tanzania. The study adopts a doctrinal legal research methodology supported by a comparative legal approach, analysing constitutions, legislation, judicial decisions, institutional frameworks, and scholarly literature. The study finds that Tanzania's legal framework provides a legal basis for regulating police firearm use but remains constrained by broad statutory discretion on the use of lethal force, reliance on internal disciplinary mechanisms, and the absence of an independent civilian police oversight institution. The experiences of South Africa and Kenya demonstrate that effective police firearm accountability requires clear legal standards on the use of force, independent investigation of firearm-related deaths and serious injuries, and effective institutional oversight. The study recommends reform of the Police Force and Auxiliary Services Act to clarify the legal standards governing lethal force, establishment of an independent police oversight mechanism and transforming the Tanzania Police Force into a service-oriented policing institution by drawing lessons from South Africa and Kenya.
Author: Kelvin Christian Kabaka
Institution: St. Augustine University of Tanzania
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7225467914