Uniformed Police officers deployed to provide security for persons planning on demonstrating, picketing and assembling will now be required to affix a name tag or an identifiable service number in a clearly visible part of their uniform.
High Court Judge Bahati Mwamuye on Wednesday also ordered acting Inspector General of National police Service Gilbert Masengeli to ensure that plain-clothes officers do not mask their faces or obscure the identification or registration of any motor vehicle being used when dealing with people who are demonstrating.
The judge further ordered IG to ensure that any plainclothes or non-uniformed police officers involved in or deployed do to obscure or conceal their faces in any manner that would make them difficult or impossible to identify.
“Pending the inter-partes hearing and determination of the application dated 31/07/2024, a conservatory order be and is hereby issued requiring the 5th respondent to ensure full compliance with Paragraph 10 of the Sixth Schedule to the National Police Service Act in terms of ensuring that all uniformed Police Officers or persons acting under the direction, control, or in support of the National Police Service shall at all times affix a nametag or an identifiable service number in a clearly visible part of their uniform when engaging with, providing security for, or in any way dealing with any person(s) who is or is planning on assembling, demonstrating, picketing, or petitioning; and they shall not remove or obscure the same,” read court order.
The decision came in response to a suit filed by the Law Society of Kenya (LSK).
LSK through advocate Dudley Ochiel told the court deployment of plain-clothes police officers contributed to the deliberate frustration of peaceful protesters and caused panic which ultimately led to the peaceful protest turning violent.
He told the judge that the use of plain clothes also facilitated the police to use excessive force upon the demonstrators without due regards for the safety of the peaceful demonstrators.
“These unidentified officers cannot be held accountable for their actions. As a result, they end up using excessive force. They cannot be held accountable because they are unknown,” said Ochiel.
Justice Bahati who certified the LSK matter as urgent further ordered the IG to ensure there is full compliance with paragraph 10 of the Sixth Schedule to the National Police Service Act in terms of ensuring that all uniformed officers shall at all times affix a name tag or an identifiable service number.
The judge said the number should be in a visible part of their uniform when engaging with or providing security during demos.
The lawyer body wants Martin Mbae Githinji who is alleged to have unlawfully arrested and assaulted activist Hanifa Farsafi on June 18 during a peaceful protest while posing as a police officer and Corporal Isaiah Ndumba Murangiri who allegedly used excessive force and violated police protocols to be found liable for the violation of constitutional rights and fundamental freedoms against the peaceful protestors.
LSK also wants Sh5 million damages to be used for legal aid in cases concerning police accountability.
“A declaration that 1st and 2nd Respondents are personally jointly and severally liable for the violation of Constitutional rights and fundamental freedoms against the peaceful protestors,” read court documents.
Ochiel told the court that during the demos, some of the officers were in civilian clothes and covering their faces with masks.
“This incognito appearance enabled the officers to blend in with the peaceful protestors who were exercising their rights under the constitution,” he said.
Those sued in the case are police officers, the IG, the Attorney General, Martin Mbae Githinji and Isaiah Ndumba Murangiri.
LSK has been directed to serve its papers on the respondents.
Further directions will be issued on September 17.
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