The Law Society of Kenya (LSK) has escalated its campaign against police brutality by filing a lawsuit against the officers involved in the violent crackdown on protesters earlier this year.
The suit, lodged with the High Court, specifically targets several police officials accused of gross misconduct during the anti-government demonstrations that erupted nationwide in June 2024.
The focus of the LSK’s legal action is on Sergeant Martin Mbae Kithinji, who is charged with manhandling reporter and activist Hanifa Safia Adan.
On June 18, 2024, Kithinji, dressed in civilian clothing and allegedly acting outside his official capacity, detained Adan near the Kenya National Archives.
The lawsuit claims that Kithinji violated Adan’s constitutional rights, particularly during a peaceful protest where she was unlawfully “arrested.”
The protests, which saw at least 61 fatalities according to the Kenya National Commission on Human Rights, have been marred by allegations of excessive force by the police.
Reports indicate that officers used live ammunition against largely peaceful demonstrators, a move condemned by both local and international human rights organisations.
The LSK’s lawsuit extends beyond Kithinji to include several other high-ranking police officials.
Nairobi regional police commander Adamson Bungei, Corporal Isiah Ndumba Murangiri, and Nairobi Central Police Station OCS Moses Shikuku are also named in the suit.
They are accused of failing to prevent or address the excessive force used by their subordinates, and for permitting non-uniformed officers to participate in the violent suppression of protests.
Corporal Murangiri faces allegations of breaching the constitution and the National Police Service (NPS) Standing Orders.
The LSK accuses him of using undue force and causing injury to individuals exercising their right to protest. Bungei and Shikuku are held accountable for deploying plainclothes officers who, the LSK argues, acted with impunity and inflicted harm on protesters.
Under the doctrine of command responsibility, Bungei and Shikuku are held responsible for the actions of these officers.
The case against Sergeant Kithinji highlights broader concerns about police accountability and transparency. The LSK argues that the practice of deploying officers in civilian clothes facilitated brutal tactics against demonstrators while evading identification.
This practice, the LSK contends, compromised the safety of the public and undermined trust in law enforcement.
In response to these issues, the High Court has issued new directives aimed at improving police conduct. On Wednesday, Justice Bahati Mwamuye mandated that plainclothes officers must not cover their faces during interactions with the public.
The court also ordered that all uniformed officers must prominently display their nametags and service numbers during operations.
These measures are intended to enhance accountability and ensure that officers can be identified during engagements with the public.
The LSK’s legal action is part of a broader effort to address police excesses and prevent the recurrence of such incidents. On July 31, 2024, the organisation petitioned the High Court for orders to curb police abuses, including the abduction of individuals suspected of organising protests.
