The High Court has ordered the Inspector General (IG) of the National Police Service to prohibit plain-clothed officers from concealing their faces while managing protestors during demonstrations.
High Court Judge Bahati Mwamuye further instructed that the IG must ensure no identification or registration marks of any vehicles used by police are hidden when dealing with demonstrators.
These directives were issued after the Law Society of Kenya (LSK), represented by advocate Dudley Ochiel, filed an application.
Ochiel argued that the presence of unidentifiable plain-clothed officers creates an atmosphere of intimidation, ultimately obstructing citizens’ right to protest.
He highlighted that the anonymity of these officers prevents them from being held accountable for their actions, which often involve the use of excessive force. Without judicial intervention, Ochiel warned that Kenyans’ constitutional rights and lives would be at risk.
Judge Bahati, recognizing the urgency of the LSK’s concerns, mandated full compliance with paragraph 10 of the sixth schedule of the National Police Service Act, requiring all uniformed officers to display a visible name tag or service number while engaging with or providing security during demonstrations.
The police officers, the IG, and the Attorney General are respondents in the case.This legal action comes amid ongoing nationwide demonstrations against the government.
LSK’s advocate Ochiel pointed out that some officers disguised themselves by wearing masks while dressed in civilian clothes, which allowed them to blend in with the peaceful protestors, potentially leading to abuses of power.
The court has directed the LSK to serve its papers on the respondents, with further directions scheduled for September 17.
