The Law Society of Kenya (LSK) has filed a contempt of court application against Inspector General of Police Douglas Kanja on account of deploying masked and hooded police on Tuesday, September 24, 2024 when it presented a Petition to the Office of the President.
This follows the deployment of masked police officers on the same day during a march by activists to present a petition to the Office of the President, Harambee House, in Nairobi.
Kanja, Nairobi Police County Commander Adamson Bungei, Martin Mbae Kithinji, Isaiah Ndumba Murangiri, and Moses Mutayi Shikuku all face a contempt of court case.
In its application, LSK says that ununiformed police officers unlawfully interfered with persons who were exercising their rights under Article 37 of the constitution by presenting a petition on 61 deceased and 14 disappeared Kenyans to the Office of the President.
LSK this is utterly in defiance of Justice Bahati Mwamuye’s court order dated August 14, 2024 that ordered that police officers ought to display their service numbers and always remain identifiable at all time when dealing with persons exercising their rights under Article 37.
LSK accuse them of deploying plainclothes police officers who concealed their identities and uniformed police officers who did not display their service numbers while dealing with peaceful protesters on September 24, 2024.
“The 4th and 5th Respondents have since violated these orders and continued to deploy unidentifiable, masked police officers and uniformed police officers with hidden concealed service numbers in disregard of the pronouncement of this Honorable Court specifically.” Documents filed in court say.
LSK now want the court to order the two to report to the Commissioner of Prisons at the Nairobi Remand Prison in Industrial area or Kamiti Maximum Prison, within 14 days of the court’s order and to begin serving their term of imprisonment for contempt of court.
“In default the Cabinet Secretary, Ministry of Interior and National Administration to enforce the order and to take all steps to ensure that the 4th (Adamson Bungei) and 5th (Police IG) Respondent serve their sentence,” read the application.
On August 14, 2024, the High Court directed the Inspector General of Police to ensure that police officers deployed to contain protest are in their uniforms with name tags affixed in line with standing orders.
High Court Judge Bahati Mwamuye directed that police officers must not “in any way hide or obscure their face so as to render them difficult to identify or unidentifiable”. The judge ruled.
Mwauye also ordered the police not to obscure the identification, registration or markings of any vehicle while dealing with persons who is or planning on assembling, demonstrating, 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.” The court directed through the interim orders issued.
Drama unfolded at the Office of the President in Harambee House as masked plainclothes police confronted activists and families of missing Kenyans.
They were there to present a list of 60 Kenyans killed during protests and 14 who have been missing for three months. Tensions escalated when police attempted to arrest activist Boniface Mwangi, sparking chaos as fellow activists shielded him.
LSK asserts that non-uniformed police officers unlawfully interfered with individuals exercising their rights under Article 37 by presenting a petition concerning the deceased and missing Kenyans.
