BY SAM ALFAN.
The High Court has directed the Inspector General of Police to ensure police officers deployed during demonstration do not hide or obscure their faces so as to make it difficult to identify them.
Justice Bahati Mwamuye further directed the police boss to ensure that where plainclothes or non-uniformed police officers are deployed during demonstrating, they must wear name tags or service numbers.
Further, the court said the motor vehicles being used when dealing with people demonstrating should not be concealed.
“An order is issued requiring acting IG 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 NPS 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,” ordered Judge Bahati.
Law Society of Kenya moved to court arguing that police officers in civilian clothing or plain-clothed and covering their faces with masks balaclavas and other clothing to disguise themselves as goons and militia.
The LSK said this incognito appearance enabled the officers to blend in with the peaceful protestors who were exercising their rights under Article 37 of the Constitution of Kenya.
Further the plain clothes police did not carry any form identification and thus could not be distinguished from members of the public.
“Additionally, these officers’ utilised unmarked and unidentified civilian vehicles used to conduct abductions on unarmed peaceful protestors. The plain clothes police officers were also armed with weapons including guns loaded with live ammunition and teargas canisters which were later used on persons peacefully protesting,” LSK said through lawyer Dudley Ochiel.
The lawyer said the failure of the police to identify themselves and particular use of plain-clothes worked to the deliberate frustration of the peaceful protesters and caused panic. This subsequently turned the peaceful protest violent.
“Pending hearing and determination of this Application and Petition a public circular to issue, that plain clothes police officers shall not be used during protests, given under the hand of the 5th Respondent on or before 5th August 2024,” LSK applied.
The lawyers’ body will be asking the court to declare that the actions of the IG, Attorney General, police officers Martin Kithinji, Isaiah Murangiri, Moses Shikuku, Nairobi County Police Commander Adamson Bungei violated various actions of the constitution.
“A declaration that 1st and 2nd Respondent’s are personally jointly and severally liable for the violation of Constitutional rights and fundamental freedoms against the peaceful protestors,” seeks LSK.
The LSK pointed out that on 15th June 2024, the OCPD, Central Police Station was notified of the intended peaceful march scheduled against the Finance Bill, 2024 for Tuesday the 18th of June 2024 at 12:00 p.m., pursuant to Section 5 of the Public Order Act, 1950.
He said the police boss, while cognizant of the intended peaceful march, issued an arbitrary, illegal and unconstitutional press release to Media Newsrooms stating that they have mobilised officers to ensure that any gathering within the Nairobi Central Business District will be dispersed.
He said pursuant to the illegal and arbitrary orders issued by the 1st Respondent, armed police were deployed and started to profile, arrest and carry out other illegalities against peaceful protestors and other Kenyans indiscriminately including those who were not engaging in the peaceful demonstrations.
The LSK said Murangiri was captured in multiple videos, by the media and peaceful protestors, as one of the officers in plain clothes that took advantage of his ability to blend into the crowd and cause disturbance within the peaceful protests.
Murangiri’s excessive use of force Rex Kanyike Masai who was an unarmed protestor, exercising his Article 37 Rights who was running away from the mayhem occasioned by the plain clothes police officers.
The deceased was killed at point blank range in spite of the fact that he was actually trying to get himself to safety.
Moreover, Murangiri has also been filmed firing a teargas canister without due regard for the safety of the public and in the most lackadaisical manner at the media peaceful protestors and onlookers, next to a police vehicle. Other injuries caused by plainclothes police officers on peaceful protestors include physical injuries (blantant force trauma and gunshot wounds), mental torture, emotional distress and anxiety.
