The High Court has ruled that police officers deployed to manage public assemblies, demonstrations, or picketing must now be in uniform and clearly identifiable, prohibiting the use of plainclothes officers for such operations. The ruling comes after the tragic killing of Rex Masai during a protest, which sparked public outcry over the actions of law enforcement.
Justice Bahati Mwamuye, who delivered the judgment, emphasized the necessity of transparency and accountability in policing, particularly when state power is exercised during public protests. The court’s decision followed a petition filed by the Law Society of Kenya (LSK), which had called for an end to the deployment of plainclothes officers in demonstrations. The LSK argued that the officer responsible for Masai’s death was in civilian attire, making it impossible for witnesses to identify the law enforcement official involved in the incident.
Masai, a 31-year-old man, was fatally shot during a protest in Nairobi, an event that brought to the forefront concerns about police brutality and the need for clear guidelines on how officers should operate during public assemblies. The LSK petitioned the court to prevent such incidents from recurring, urging the government to ensure that all officers on duty during demonstrations are clearly visible and identifiable to the public.
Justice Mwamuye’s ruling highlights the importance of public safety and the right of citizens to know who is exercising state power. In his judgment, he noted that the public must be able to identify law enforcement officers to ensure accountability and prevent misuse of power. The ruling is seen as a significant victory for the LSK and those advocating for police reform in Kenya, especially in the context of increasing concerns over police conduct during demonstrations.
The decision also calls for the Inspector General of Police to adhere to strict guidelines regarding the deployment of officers, particularly during sensitive events like protests. The court’s order is expected to have far-reaching implications for the way law enforcement handles public demonstrations moving forward.
