The High Court has ruled that all police officers deployed to manage public assemblies, demonstrations, or picketing must be in uniform and clearly identifiable, stating they must not cover their faces or wear plain clothes.
Justice Bahati Mwamuye issued the order in a case filed by the Law Society of Kenya (LSK), which had petitioned the court following the killing of Rex Masai during a protest.
The LSK claimed the officer responsible for Masai’s death was in civilian clothing and could not be identified at the scene.
In its petition, the LSK urged the court to bar the Inspector General of Police from deploying plainclothes officers during protests.
The legal body argued that incidents of police brutality and unlawful killings were often linked to officers operating without uniforms or any form of identification.
The court heard that such officers often blend in with peaceful protestors exercising their constitutional rights under Article 37, making it impossible to hold them accountable for any wrongdoing.
Additionally, these officers reportedly carry no identification documents, further frustrating efforts to trace or prosecute them.
The LSK specifically named and sued officer Isaiah Ndumba Murangiti, alleging that he was responsible for the fatal shooting of Rex Masai.
In his ruling, Justice Mwamuye emphasized the importance of transparency, accountability, and the public’s right to identify law enforcement officers during the exercise of state power, particularly during public demonstrations.
