Police Must Wear Uniforms and Avoid Masks at Protests, Rules High Court
In a pivotal ruling, the High Court of Kenya has declared that all police officers deployed to manage public protests, picketing, or any form of assembly must wear full uniforms, be clearly identifiable, and are not allowed to cover their faces.
This judgment stems from a petition brought before the court by the Law Society of Kenya (LSK). The legal body initiated the case in response to the fatal shooting of Rex Masai, a 19-year-old who was participating in a public protest. The incident raised serious concerns about the deployment of plainclothes officers in such volatile situations.
Justice Bahati Mwamuye delivered the court’s verdict. He stated that police officers involved in crowd control or public demonstrations must not be dressed in civilian clothing. He further insisted they must display identification at all times to ensure public trust and accountability. “The public deserves to know who is exercising authority over them,” Justice Mwamuye declared during the ruling.
The court acknowledged that the use of unidentifiable officers during protests creates an environment ripe for abuse. According to the LSK, the presence of officers without proper identification has led to increasing cases of police brutality and extrajudicial killings, especially during peaceful protests. “Such officers often disappear into the crowd after committing acts of violence,” LSK noted in its submission, “making accountability nearly impossible.”
The tragic death of Rex Masai became the central point in this legal battle. He was allegedly shot by a plainclothes officer while participating in a peaceful demonstration. The LSK named and sued an officer identified as Isaiah Ndumba Murangiti in relation to the incident. The organization argued that this case exemplified the dangers of deploying unidentified officers in protest settings.
In its petition, the LSK further claimed that these officers often operated without badges or any documentation. This lack of transparency not only obstructed efforts to prosecute wrongdoing but also cultivated a culture of impunity within the police force. “We cannot allow state power to be used in secrecy during public events,” the LSK stated.
The Constitution of Kenya, under Article 37, grants all citizens the right to assemble, demonstrate, picket, and petition public authorities — provided the actions are peaceful and unarmed. The LSK argued that this fundamental right is undermined when citizens fear that unidentified officers may harm them without consequences.
The court agreed. Justice Mwamuye highlighted that the presence of plainclothes officers at protests violates constitutional protections and erodes the rule of law. He emphasized the need for state power to be exercised with transparency, especially in scenarios that could involve the use of force. “When officers are not in uniform, it breeds distrust and fear,” the judge explained.
To address these concerns, the court issued a firm directive: police officers deployed to public assemblies must be in full uniform, must not hide their faces, and must wear visible identification. This requirement, the judge stated, is essential to ensure accountability and protect the public’s constitutional rights.
Transitioning from past incidents to the future, the court’s ruling marks a significant shift in how law enforcement must operate during civil events. The judgment sets a new standard for police conduct, aiming to prevent repeat incidents like that of Rex Masai. It also provides legal grounds for holding officers accountable when they act outside the boundaries of the law.
Moreover, the decision reinforces the importance of public oversight in matters of state power. “Transparency is not optional when force is being used against citizens,” Justice Mwamuye concluded. His words reflect a broader call for reform within the police service, where past incidents have damaged public confidence.
In response to the ruling, human rights advocates have praised the court’s decision as a victory for civil liberties. They believe it will serve as a critical step toward ending police impunity and restoring trust in law enforcement.
The judgment also sends a message to other state agencies: adherence to constitutional standards cannot be compromised. Officers who interact with the public during demonstrations must act in ways that respect the rights of all individuals. Legal observers note that this ruling could serve as a precedent for similar cases in the future, not only in Kenya but across other jurisdictions facing issues with police accountability.
Ultimately, this decision is more than a legal directive—it’s a reminder that democratic rights must be actively protected. Uniformed, visible, and identifiable officers are not just a procedural requirement—they are a symbol of lawful authority exercised under public scrutiny. As the country moves forward, the enforcement of this judgment will be closely watched by both the legal community and the general public.
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Police Must Wear Uniforms and Avoid Masks at Protests, Rules High Court
