Silverio Omari
The High Court has directed the Inspector General of the National Police Service to ensure that plainclothes officers do not conceal their faces during demonstrations. Judge Bahati Mwamuye’s ruling also requires the IG to ensure that any vehicles used by these officers are clearly identifiable, with their registration details unobscured.
This order follows a petition filed by the Law Society of Kenya (LSK), represented by advocate Dudley Ochiel, who argued that the presence of unidentified officers during protests creates a chilling effect and undermines citizens’ right to demonstrate. Ochiel emphasized that the lack of identification for such officers often leads to a lack of accountability for excessive force and other misconduct.
Recognizing the urgency of the situation, Justice Mwamuye also instructed the IG to ensure compliance with paragraph 10 of the sixth schedule of the National Police Service Act, which mandates that all uniformed officers display a visible name tag or service number while on duty, particularly during demonstrations.
The case, which lists the police officers, the IG, and the Attorney General as respondents, arises amid ongoing protests against the government. Ochiel noted that some officers had been seen in civilian clothing with their faces masked, blending in with protesters and potentially infringing on their constitutional rights.
The LSK has been directed to serve court papers on the respondents, with further proceedings set for September 17.
Dj Vnyash
