The High Court of Kenya has issued a conservatory order mandating strict compliance with identification requirements for police officers involved in managing public assemblies, demonstrations, and picketing.
In a ruling delivered by Justice Bahati Mwamuye at the Milimani Law Courts, the court emphasized that all uniformed police officers, or individuals acting under the direction of the National Police Service, must affix a visible nametag or identifiable service number on their uniforms at all times. This measure is intended to ensure that officers are easily identifiable when engaging with the public, particularly during gatherings or protests.
The order comes in response to a petition filed by the Law Society of Kenya, which raised concerns over the conduct of police officers during public demonstrations. The petition highlighted instances where officers allegedly obscured their identities, making it difficult for citizens to hold them accountable for their actions.
The court’s directive explicitly prohibits the removal or obscuring of identification by officers, stating that “they shall not remove or obscure the same” when dealing with individuals who are assembling, demonstrating, picketing, or petitioning. This move aims to bolster the accountability of police officers and ensure the protection of citizens’ rights during public gatherings.
Additionally, the order addresses the use of plainclothes officers, stipulating that such officers must not hide or obscure their faces, thereby ensuring they remain identifiable during their interactions with the public. The court further ordered that no police officer or individual acting on behalf of the National Police Service should obscure the identification or registration markings of vehicles used in managing public assemblies.
The order is part of ongoing legal proceedings, with the court scheduling a mention of the case for September 17, 2024, to take further directions. Respondents are required to file their responses by August 21, 2024, with the petitioners allowed to file a rejoinder by August 30, 2024.
