The High Court has issued a ruling prohibiting police officers from hiding their identities while fulfilling their security mandate in service of Kenyans.
In a court document seen by The Kenya Times, Justice Bahati Mwamunye issued an order directed towards the Inspector General of Police urging him to comply with paragraph 10 of the National Police Service Act and enforce the court directive.
The Inspector General of Police was tasked with ensuring that all uniformed officers identify themselves when engaging with members of the public by displaying their nametags or identifiable service numbers.
“National Police Service 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,” read the court document.
Moreover, the court has directed that plainclothes or non-uniformed police officers deployed in such situations shall not hide or obscure their faces in a manner that makes them unidentifiable.
“A conservatory order be and is hereby issued requiring the 5th Respondent to ensure that where plainclothes or non-uniformed Police Officers are deployed or utilized in any manner with regard to a person(s) who is or is planning on assembling, demonstrating, picketing, or petitioning.”
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“That Police Officer or Officers shall not in any way hide or obscure their face so as to render them difficult to identify or unidentifiable,” read the court document.
Police Banned from Concealing Their Vehicle registration
The ruling also prohibits police from concealing the identification, registration, or markings of any vehicle used when dealing with people engaged in public gatherings or protests.
“A conservatory order be and is hereby issued requiring the 5th Respondent to ensure that no Police Officer or any or persons acting under the direction, control, or in support of the National Police Service takes any action to obscure the identification, registration, or markings of any motor vehicle being used when in any way dealing with any person(s) who is or is planning on assembling, demonstrating, picketing, or petitioning,” the court document reads further.
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The respondents have been given until August 21, 2024, to file and serve their responses to the application.
“The 1st, 2nd, 3rd, and 4th Respondents shall file and serve their responses to the Application dated 31/07/2024 by close of business 21/08/2024.”
Additionally, the court said that the matter will be mentioned on September 17, 2024, for further directions.
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