The Law Society of Kenya (LSK) has escalated its fight against police brutality by filing a lawsuit against officers involved in a deadly crackdown on Gen Z protesters weeks ago.
The suit, lodged in the High Court, targets several police officials for gross misconduct during nationwide anti-government demonstrations in June.
The lawsuit focuses on Sergeant Martin Mbae Kithinji, who is accused of manhandling reporter and activist Hanifa Safia on June 18. Clad in civilian attire and allegedly acting outside his official capacity, Kithinji detained Hanifa near the Kenya National Archives.
LSK says Kithinji violated Hanifa’s rights during a peaceful protest in which she was unlawfully arrested.
The protests, which at one point claimed at least 61 lives according to the Kenya National Commission on Human Rights, were also marked by allegations of police brutality. Officers fired live ammunition into largely peaceful demonstrations, human rights groups reported.
The case also names Nairobi regional police commander Adamson Bungei, Corporal Isiah Ndumba Murangiri, and Nairobi Central Police Station OCS Moses Shikuku.
The officers are charged with failing to restrain the excessive use of force and involving non-uniformed police in the brutal suppression of protests.
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Murangiri is accused of violating the constitution and the National Police Service Standing Orders, while Bungei and Shikuku are held liable for deploying plainclothes officers who acted with reckless abandon.
The case raises wide eyebrows on accountability and transparency in police dealings.
According to LSK, the deployment of police in civilian attire facilitated brutality against protesters, allowing the officers to evade identification and thus immensely destroying public trust in law enforcement agencies.
In response to this, the High Court has issued new directives. Justice Bahati Mwamuye ordered that plainclothes officers are not allowed to cover their faces while dealing with members of the public.
In contrast, uniformed officers will be required to display their nametags and service numbers for easy identification distinctly. This move is meant to increase responsibility and provide an identification system for officers during public engagements.
The legal action by LSK forms part of several efforts geared at dealing with the excesses of the police and forestalling further abuses.
It had, on July 31, 2024, petitioned the High Court for orders to curb police abuses, including the abduction of people suspected of organising protests.
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