High Court Orders Police to Wear Nametags During Protests

The High Court in Nairobi has issued a directive mandating that all police officers must wear nametags and uniforms when interacting with protesters.

This ruling, delivered by High Court Judge Bahati Mwamuye, is in response to a lawsuit filed by Florence Wairimu on July 31. The court order explicitly requires the National Police Service to ensure that all uniformed officers, as well as individuals acting under their direction or in support of the police, display a nametag or identifiable service number on a visible part of their uniform. This requirement applies when engaging with, providing security for, or dealing with any person involved in assemblies, demonstrations, pickets, or petitions. The order further stipulates that these identifiers must not be removed or obscured.

Judge Mwamuye’s ruling extends to plainclothes and non-uniformed officers, prohibiting them from wearing balaclavas or attempting to conceal their identities. Additionally, the National Police Service is instructed not to obscure the identification, registration, or markings of any vehicles used during protests. This judicial decision comes in the wake of allegations against the National Police Service for permitting officers to wear face masks while making arrests during recent protests against the Finance Bill 2024. Video evidence had surfaced showing individuals, presumed to be police officers, forcibly apprehending people while in civilian attire.

Prior to this ruling, Gideon Nyale, Commandant of the Kiganjo Training College, had addressed the media, asserting that police officers were legally permitted to wear civilian clothes, even when effecting arrests. He emphasized that operational decisions were guided by intelligence gathered on the ground and that individual officers were responsible for executing orders appropriately. The Director of Criminal Investigations Mohammed Amin had also publicly denied any involvement of the police in kidnappings. He stressed that arrested individuals were taken to official police stations and criticized media outlets for propagating narratives implicating the DCI in abductions.

The High Court’s directive has been warmly received by human rights organizations and civil society groups who view it as a crucial step towards enhancing accountability and transparency within law enforcement. The Law Society of Kenya (LSK), which has been outspoken about police brutality during protests, has welcomed the ruling. LSK President Faith Odhiambo emphasizes the need for accountability among police officers who assault peaceful protesters. The Kenya National Commission on Human Rights (KNCHR) has reported alarming statistics, noting that 66 protesters were recorded as missing and 60 people lost their lives during recent anti-government demonstrations.

In response, the LSK has been advocating for the unconditional release of all detained protesters and has called for negotiations regarding bail and bond terms. This High Court ruling is perceived as a measure to address the increasing incidents of police brutality and enforced disappearances during protests. The directive aligns with global policing standards that prioritize transparency and accountability to maintain public trust and uphold human rights.