MPS directed to hold misconduct hearing for firearms officer over Chris Kaba shooting

This is despite the force making “strong representations” that he should not face any further action after the officer was unanimously acquitted of the murder of Chris Kaba following an Old Bailey trial in October 2024.

However, the IOPC determined there was “sufficient evidence” to indicate he may have breached police professional standards regarding his use of force and therefore had a case to answer for gross misconduct.

Mr Kaba, 24, died on September 5, 2022, after he was fatally shot in Streatham Hill following a pursuit by specialist MPS firearms officers.

The officer, previously identified only as NX121 after an interim anonymity order was granted, was named for the first time as Martyn Blake in March last year after Old Bailey Judge Mark Lucraft lifted the order.

MPS Assistant Commissioner Laurence Taylor said: “We recognise the significant impact of Mr Kaba’s death on his family who continue to grieve the loss of a loved one.

“Since NX121 was acquitted, the IOPC has been reconsidering whether he should face misconduct proceedings. We made strong representations that he should not face any further action due to the extensive evidence tried and tested at court and the not guilty verdict returned by the jury.

“We know any fatal use of force by police understandably prompts concern among communities. NX121 made a split-second decision on what he believed was necessary to protect his colleagues and London and a jury unanimously decided that was an honestly-held belief and the force used was reasonable.

“However, the IOPC has now determined that NX121 has a case to answer for his use of force and has directed us to hold a gross misconduct hearing.”

He added: “We know another lengthy process will fall heavily on the shoulders of NX121 and more widely our firearms officers, who continue to bravely and tirelessly police the streets of London every day to protect the public.

“Our armed officers respond to more than 4,000 incidents each year, but there are only one or two incidents where shots are fired by police each year. These officers are the most professional, accountable and cautious in their use of lethal force in the world and their operations have prevented countless acts of violence across our city.

“Now is not the time for debate and discussion about this case, it is important that we do not risk prejudicing NX121’s right to an impartial hearing.

“We will provide further updates and comment when these proceedings have concluded.”

The force said a date for the hearing will be set in due course. To ensure independence from the MPS for an impartial hearing, it will be asking a chief officer from another police force to chair it.

Matt Cane, general secretary of the Metropolitan Police Federation, said: “This is frankly a nonsensical ruling by the IOPC that will shock police officers across London and indeed the country.

“Police officers should not have their livelihoods or liberty put at risk for performing what unequivocally, as has been found in a court of law, is their lawful and appropriate function.

“And yet putting this brave officer on trial for murder – as astonishing as that was – was not enough for the IOPC. Being cleared unanimously by a jury who heard all the evidence was not enough for the IOPC. They have now decided to put him and his family through more torment.

“This is not accountability. This is not in the public interest. This is not right or fair or just.

“We will be vigorously defending the actions of Sgt Blake at any conduct proceedings. “And as a Federation, we continue to work with the Metropolitan Police Service to ensure that colleagues who make the decision to carry firearms remain fully supported in their difficult and demanding jobs.”

The IOPC said its decision came after “a thorough review of all the evidence” and that the case “continues to meet the threshold which requires Sergeant Martyn Blake to attend a misconduct hearing”.

It added: “Following his acquittal in October 2024, we reviewed our original decision – thoroughly assessing the evidence examined during the trial to determine whether the weight or substance of that evidence changed the position.

“We have also carefully considered representations from Mr Kaba’s family, the Met and Sgt Blake.

“The threshold which the IOPC must apply is set out in legislation and Home Office guidance. It is a lower test than that for criminal proceedings, which serve a different purpose. The guidance is also clear that where the case to answer test is met, there must be compelling reasons not to direct misconduct proceedings.

“On this basis, we have concluded that there remains a case to answer and misconduct proceedings must go ahead as we have no basis to withdraw our original decision.”

IOPC Director Amanda Rowe said: “We understand the impact this decision will have on Chris Kaba’s family and Sergeant Blake and acknowledge the significant public interest in this case, particularly among our black communities, firearms officers and the wider policing community.

“This is a decision we have taken based on examining all the evidence, views of all parties and by applying the thresholds set out in legislation and guidance which govern our work. The legal test for deciding whether there is a case to answer is low – is there sufficient evidence upon which, on the balance of probabilities, a disciplinary panel could make a finding of misconduct. This has been met and therefore we need to follow the legal process.”

She added: “We appreciate that the Home Office is carrying out a review of the legal test for the use of force in misconduct cases, however, we must apply the law as it currently stands.”

Ms Rowe said it was in the interests of all parties that this disciplinary hearing is arranged as quickly as possible.

IOPC timeline of the case:

September 5 2022 – Chris Kaba is shot in Lambeth and is pronounced dead shortly after midnight. IOPC begins an independent investigation.

September 9 – IOPC announces a homicide investigation into Mr Kaba’s death.

March 2023 – IOPC investigation concludes and decision made to refer a file of evidence to the CPS to consider whether Sgt Blake should be prosecuted. IOPC provisional decision that he has a case to answer for gross misconduct and should face disciplinary proceedings shared with the MPS.

April 2023 – IOPC confirms its decision that Sgt Blake should face a misconduct hearing.

September 2023 – CPS announces its decision to charge Sgt Blake with murder.

October 2024 – Sgt Blake is acquitted following a trial at the Old Bailey. The IOPC begins reviewing the disciplinary decision, applies to the court for trial transcripts and asks for representations on behalf of the MPS, the officer and Mr Kaba’s family about the disciplinary proceedings.

December 2024/January 2025 – Court transcripts are received by the IOPC.

February 2025 – Representations from the parties involved are received. The MPS’s view is that the IOPC should withdraw its direction. Mr Kaba’s family’s view is that the gross misconduct hearing should go ahead. Sgt Blake’s legal team decline to provide representations but refer the IOPC to the trial transcripts. IOPC then seeks independent legal advice from senior Counsel.

April 2025 – IOPC confirms that the case continues to meet the threshold which requires Sgt Blake to attend a misconduct hearing for allegedly breaching the police standards of professional behaviour relating to his use of force.