The High Court has rejected an attempt to dismiss a case filed by the Law Society of Kenya (LSK) against police officers over their alleged misconduct during last year’s demonstrations.
In a decisive decision, the court upheld its jurisdiction to hear and decide the case while dismissing the police’s preliminary objection.
The police claimed that the LSK failed to exhaust all internal dispute resolution options before seeking court intervention.
However, Justice Lawrence Mugambi ruled that the Police Act does not provide specific reliefs for complainants other than disciplinary action against officers.
He also stated that the existing internal mechanisms are insufficient to address violations of fundamental rights and freedoms.
“The upshot is that this preliminary objection has no merit and is dismissed in its entirety,” Justice Mugambi declared.
In June of last year, the LSK filed a lawsuit to hold the officers responsible for Rex Masai’s death accountable.
The society is also asking the court to bar the Inspector General of Police from deploying officers in civilian clothes to manage protests, among other orders.
Following this ruling, the case will now proceed to a full hearing, setting the stage for a critical examination of police conduct and accountability.
