In a significant ruling on August 14, 2024, High Court Judge Bahati Mwamuye has directed the Inspector General (IG) of the National Police Service to ensure that plain-clothed officers do not mask their faces or obscure vehicle identification during demonstrations.
This order comes in response to an application filed by the Law Society of Kenya (LSK), which raised concerns about the lack of accountability associated with unidentifiable officers.
LSK advocate Dudley Ochiel argued that the deployment of plain-clothed officers creates a chilling effect that impedes citizens’ constitutional right to protest.
“These unidentified officers cannot be held accountable for their actions, often resulting in excessive use of force,” Ochiel told the court.
He emphasized that the situation poses a risk of death and constitutional violations for demonstrators.
Judge Mwamuye’s ruling mandates that all uniformed officers must display a visible name tag or service number, in compliance with paragraph 10 of the sixth schedule to the National Police Service Act.
This measure aims to enhance transparency and accountability in the handling of public demonstrations.
The case, which includes police officers, the IG, and the Attorney General as respondents, reflects growing public concern over police conduct during recent demonstrations against the government.
Further directions will be issued on September 17, 2024.
