The High Court has issued a significant ruling prohibiting police officers from concealing their identities while handling public demonstrations.
Justice Bahati Mwamuye directed that officers deployed to manage protests must wear their uniforms, complete with clearly visible nametags, ensuring they are easily identifiable.
In a ruling delivered on Wednesday, Justice Mwamuye emphasised that police officers are not to “in any way hide or obscure their face so as to render them difficult to identify or unidentifiable.”
This directive is part of the interim orders issued to prevent police from engaging with protesters while concealing their identities.
Moreover, the judge ordered that the police must ensure that any vehicles used during the containment of demonstrations should not have their identification, registration, or markings obscured.
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This measure is intended to maintain transparency and accountability during public assemblies, demonstrations, picketing, or petitioning.
“Pending inter-partes hearing and determination a conservatory order is therefore issued that all uniformed police officers acting under direction and support of the National Police Service shall at all times affix a nametag or identifiable service number in a clear visible part of their uniform when engaging with persons who are who is or planning on assembling, demonstrating, picketing or petitioning and shall not remove or obscure the same,” stated the court’s directive.
The High Court's ruling was in response to an urgent application filed by the Law Society of Kenya (LSK) on 31st July, seeking to prevent the National Police Service (NPS) from deploying plain-clothed officers during protests.
The interim orders granted by the court will remain in place until the matter is fully heard and determined.
Justice Mwamuye also instructed the applicants to serve the Respondents, including the police, through the National Police Headquarters and to file an Affidavit of Service by the close of business on Friday.
The Respondents have until Wednesday next week to file and serve their responses to the application by the LSK.
The court has scheduled the case for mention on 17th September 2024, to issue further directions on the matter.