The High Court has issued a landmark ruling requiring all police officers deployed to manage public gatherings, protests, or picketing to be in full official uniform and easily identifiable. The judgment explicitly prohibits officers from wearing plain clothes or covering their faces while carrying out such duties, reinforcing the need for transparency and public trust in law enforcement.
The ruling was delivered by Justice Bahati Mwamuye in response to a petition filed by the Law Society of Kenya (LSK). The petition stemmed from public outrage following the tragic death of Rex Masai, a young protester who was fatally shot during a peaceful demonstration. According to the LSK, the officer suspected of shooting Masai was in civilian attire, making it impossible for witnesses or authorities to identify him at the scene.
LSK argued that the lack of visible identification on officers during public protests not only hinders accountability but also puts citizens at greater risk of abuse by unidentifiable law enforcement personnel. Justice Mwamuye concurred, stating that police must conduct their duties in a manner that respects human rights and allows for clear identification in the event of misconduct.
This decision is being hailed as a significant step forward in safeguarding civil liberties and ensuring greater accountability within the National Police Service. It also sets a legal precedent that could influence future reforms in the policing of assemblies and public order management in Kenya.
In its petition, the Law Society of Kenya (LSK) called on the court to prohibit the Inspector General of Police from deploying officers in plain clothes to manage protests, arguing that such practices undermine accountability and endanger public safety.
In its expanded petition, the Law Society of Kenya (LSK) argued that the widespread issue of police brutality and extrajudicial killings is closely tied to the deployment of officers in plain clothes, who often lack any visible means of identification. The legal body stated that such officers, embedded among peaceful demonstrators, create a dangerous environment where it becomes nearly impossible to distinguish law enforcement from civilians—thereby enabling abuses to occur unchecked.
The court was told that these officers, who are sometimes armed, do not carry identification badges or wear any form of uniform, making it difficult to trace them when allegations of misconduct arise. This anonymity, LSK asserted, has contributed to a culture of impunity within the police service, especially during protests, where demonstrators are exercising their constitutional rights under Article 37—which guarantees the freedom of peaceful assembly, demonstration, picketing, and petition.
The LSK specifically cited the case of Rex Masai, a young protester who was shot and killed during a demonstration, allegedly by a plainclothes police officer. The organization named and sued officer Isaiah Ndumba Murangiti in connection with the fatal shooting, using the case to illustrate the broader dangers posed by deploying unidentified officers during public gatherings.
In his ruling, Justice Bahati Mwamuye strongly echoed the LSK’s concerns, underscoring the necessity of transparency and accountability in law enforcement. He stated that during the execution of state power—especially in volatile settings like public demonstrations—it is essential that members of the public be able to identify police officers. This, he noted, is not only a safeguard for citizens but also a means to uphold the rule of law and restore public trust in policing institutions.
The judgment has been widely seen as a critical step toward enforcing constitutional protections and ensuring that security agencies operate within the bounds of legality and accountability.