The Inspector General of the National Police Service has been directed to ensure that plain-clothed officers keep their faces visible when interacting with protesters during demonstrations.
High Court Judge Bahati Mwamuye instructed the IG to make sure that his officers do not hide the identification or registration of any vehicles used while managing demonstrations.
These directives followed a petition filed by the Law Society of Kenya (LSK).
Advocate Dudley Ochiel, representing LSK, argued that deploying plain-clothed officers creates a chilling effect, impeding people’s right to protest.
Ochiel emphasized that unidentified officers are not accountable for their actions, leading to potential misuse of force without repercussions.
He warned that if the courts do not intervene, there is a risk of death and infringement on constitutional rights for Kenyans.
Justice Bahati, who deemed the LSK case urgent, further mandated that the IG ensure compliance with paragraph 10 of the sixth schedule of the National Police Service Act, requiring all uniformed officers to wear a visible name tag or service number during demonstrations.
The judge specified that the identification should be prominently displayed when officers are engaged in or providing security during protests.
The defendants in this case include police officers, the IG, and the Attorney General.
This case emerges amid ongoing demonstrations against the government in the country.
Ochiel noted that during these protests, some officers wore civilian clothes and masks to blend in with the protesters exercising their constitutional rights.
LSK has been instructed to serve its documents to the respondents, with further directions scheduled for September 17.
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