Chris Kaba Shooting Officer May Avoid Misconduct Case After Rule Change

The police marksman who shot Chris Kaba in 2022 may avoid misconduct proceedings after a legal rule change aligning misconduct standards with criminal law, prompting consultation with Kaba's family and sparking criticism from campaigners.

Background of the Incident

Chris Kaba was shot in Streatham, south London, in September 2022.

The police marksman who shot Chris Kaba may no longer face misconduct proceedings following a government change in the rules governing how officers' use of force is evaluated.

Sgt Martyn Blake shot 24-year-old Kaba in Streatham, south London, in 2022 after Kaba attempted to ram his way past police vehicles.

Legal Proceedings and Rule Changes

Blake was acquitted of murder in a 2024 trial but was subject to a separate disciplinary hearing. The Independent Office for Police Conduct (IOPC) paused this hearing while awaiting publication of the new rules.

The legal standard for misconduct in cases involving officers' use of force has been raised to align with the criminal law standard. This means conduct that does not constitute a crime should not be classified as misconduct.

Following Blake's acquittal, then Home Secretary Yvette Cooper announced plans to raise the legal threshold for charging officers in use-of-force cases.

IOPC's Position and Family Consultation

On Wednesday, the IOPC stated it now believes the misconduct case against Blake should not proceed. The watchdog will consult with the Kaba family, who maintain there are exceptional reasons for continuing the case.

Dozens of other non-fatal use-of-force cases may also be impacted if police forces adopt the same approach.

Statements from Officials

"We carefully considered the law change and its stated intent to address the perceived unfairness and lack of proportionality of the civil law test.

We believe this position provides consistency across impacted cases and is fair to officers who are facing potential dismissal for misconduct, which if it occurred now, would not amount to misconduct under the new law.

We expect the number of relevant cases that are affected by this law change to be relatively small."

— Andrew Johnson, IOPC Director of Strategy and Policy

Metropolitan Police Deputy Commissioner Matt Jukes, referring to Blake by his cypher NX121, said:

"We have consistently said since the criminal trial that there is no basis for further action against this officer and that remains our position.

That is why I welcome the recent changes to the law, introducing a presumption of anonymity for firearms officers during court proceedings until conviction, and restoring the criminal test for the use of force in misconduct cases."

Family and Campaigners' Response

The family of Chris Kaba expressed that the decision negatively affects bereaved families involved in police use-of-force cases and stated it "gives every appearance that the IOPC has a closed mind on this specific case."

Temi Mwale and Kayza Rose from the Justice for Chris Kaba Campaign described the IOPC's decision as "appalling."

"The only just approach would have been to conclude all existing cases under the rules that were in place when those proceedings began.

Instead, the rules have been changed mid-process to ensure that Martyn Blake will face no professional accountability."

The campaigners called the decision a setback for public confidence and asserted that the UK is "moving backwards on police accountability."

Details of the Incident and Police Investigation

On the night of Kaba's death, police had followed and boxed in the Audi he was driving because it had been linked to three firearms incidents in the previous five months.

Officers did not know Kaba's identity at the time. He was later reported by police to have connections to a street gang and to two shootings in the six days preceding his death.