Law society of Kenya (LSK) now wants the Inspector General of National Police Service Douglas Kanja and Nairobi regional police commander Adamson Bungei be sentenced to six months imprisonment for flaunting court orders.
In the petition filed under certificate of urgency, the lawyer’s lobby group argues that IG Kanja blatantly disregarded justice Bahati Mwamuye’s orders which directed IG to ensure that plain-clothed officers do not mask their faces when dealing with protestors and not to obscure the identification or registration of any motor vehicle being used during demonstrations.
LSK said the police used force contrary to the High Court’s orders on September 24, to block activists Bonface Mwangi and 14 individuals from delivering a petition which sought justice for 60 people who died during the anti-finance bill 2024 protests to the Executive Office of the President on Harambee Avenue.
LSK alleges that the group was met by uniformed and non-uniformed police officers as they approached the office , who reportedly resorted to pushing and shoving to prevent them from entering.
According to LSK the ubniformed officers concealed their badges and service numbers, while non-uniformed officers wore masks to hide their identities.
“The deployment of uniformed police officers with concealed service numbers and masked non-uniformed police officers isin complete defiance of the orders dated August 14, 2024 given under the hand of the Justice Bahati Mwamuye,” read the court documents.
LSK contend that Kanja and Bungei have grossly violated article 10, 73, 159 and 244 of the constitution for disobeying the court’s order.
They are seeking an order that the IG and Nairobi regional police commander be found guilty of contempt of court and sentenced to a term of six months imprisonment.
The lawyer body further wants the court to direct the duo to surrender themselves to the Commissioner of Prisons at either Nairobi Remand Prison in Industrial Area or Kamiti Maximum Prison within 14 days of the court order to commence their imprisonment.
LSK urges that the Cabinet Secretary, Ministry of Interior and National Administration, be instructed to enforce the order and ensure the duo serve their term.
“The 4th & 5th Respondents be and are hereby convicted of the offence of contempt of court and are sentenced to six months imprisonment. The 4th and 5th Respondents be and are hereby ordered to report to the Commissioner of Prisons at the Nairobi Remand Prison in Industrial area or Kamiti Maximum. Prison, within 14 days of the court’s order and to begin serving their term of imprisonment for contempt of court. In default the Cabinet Secretary, Ministry of Interior and National Administration to enforce the order and to take all steps to ensure that the 4th and 5th Respondents serve their sentences,” read the court order.
In the petition Isaiah Ndumba Murangiri, Moses Mitayi Shikuku, Adamson Bungei, Inspector general, national police service and Attorney general have been sued