The High Court has ordered the Inspector General of the National Police Service to prohibit plain-clothed officers from masking their faces during protests. This directive comes after the Law Society of Kenya (LSK) filed an application expressing concern over the practice.
Advocate Dudley Ochiel, representing LSK, argued that deploying plain-clothed officers who cover their faces creates a chilling effect, discouraging citizens from exercising their constitutional right to protest. He warned that these unidentified officers, who often use excessive force, evade accountability due to their anonymity.
Ochiel urged the court to intervene, cautioning that without judicial action, Kenyans could face serious risks, including death and the violation of their constitutional rights.
Justice Bahati Mwamuye, who presided over the case, instructed the IG to ensure that officers do not conceal the identification or registration of any vehicles used during demonstrations. The Judge emphasized that such practices undermine accountability and the public’s right to peaceful assembly.
In response to the urgency of the case, Justice Bahati also ordered the IG to comply with paragraph 10 of the sixth schedule of the National Police Service Act. This provision mandates that all uniformed officers must display a name tag or identifiable service number, which should be clearly visible during demonstrations or while providing security.
The respondents in the case include the police officers involved, the Inspector General, and the Attorney General.
The court has directed LSK to serve its papers on the respondents, with further directions to be issued on September 17.
