Police manning protests must not wear masks, name and service tags should be visible, High Court direct
Police manning demonstrations have now been ordered to ensure their identity is not hidden through face masks and must have legible name and service tags henceforth, a Nairobi High Court has ruled.
Effectively, the court directed the National Police Service (NPS) officers donning in official wear and plain clothe must not hide or conceal their identity in any way amid tens of cases of excessive use of force and human right abuses against the police meted against peaceful protestors during demos championed by Generation Z (Gen Zs) demanding for better governance and accountability.
High Court Judge Bahati Mwamuye ordered that police officers should not in any way hide or obscure their face so as to render them difficult to identify or unidentifiable.
The Judge further ordered that police should at all times police should affix name tags or an identifiable service number in a clearly visible part of their uniform when providing security during demonstrations.
“Pending the inter-partes hearing and determination of the Application dated 31/07/2024, 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 vehicles being used when in any way dealing with any person(s) who is or planning on assembling, demonstrating, picketing or petitioning.” The court orders read in part.
Justice Mwamuye certified the matter as urgent and directed the Inspector General of Police to ensure full compliance of the orders in line with paragraph 10 of the sixth schedule to the National Police Service Act.
The court further directed the applicant to serve the respondents through the National Police Service Headquarters for onward transmission and file an Affidavit of service by close of business on Friday.
The respondents, including the police, have until August 21 to file and serve their responses for the application by the Law Society of Kenya on July 31, 2024.
The matter is scheduled for mention on September 17, 2024 for further directions.
