Is It Legal to Video Record Cops? IG Mutyambai Explains

The Inspector General of the police, Hilary Mutyambai
The Inspector General of Police Hillary Mutyambai speaking at a special seating held by the National Assembly's Committee on Education on February 26, 2021
Kenyans.co.ke

Inspector-General of Police Hillary Mutyambai on Monday, November 15, offered an explanation on the grey-area-question of whether it is allowed to video record police officers on duty. 

Speaking at a public engagement forum, Mutyambai explained that police officers can be recorded while on duty - so long as the person taking the photos or videos does not do so out of malice. 

He added that it is not against the law to "record police officers objectively" but did not expound on who and how the objectivity of the recording would be assessed.  

Police officers during a parade in December 2019.
Police officers during a parade at the Kiganjo Police Training College in December 2019.
Photo
National police Service

Concerned Kenyans noted that on many occasions, citizens record cops to capture illegalities but are instead harassed upon the officers' realization that they are being recorded.

 “I've been wanting to ask this, is it wrong to record police officers who are either arresting or about to make an arrest? We've seen this in US and UK but in Kenya, they will always be inhuman in dealing with the recorder. Kindly clarify.” a social media user named Politics2541 posed. 

Mutyambai's response elicited many reactions from Kenyans, who were left confused on what the term objectively meant, asking him to clarify on the same, as the statement did not shed any light on how to carry out the recording.

"And how do the police establish the objectivity?" another social media user named Engineer Benedict Magero asked.

The police boss ended the session without clarifying his statement, leaving Kenyans to debate among themselves what the IG meant with his comment.

The Kenyan Police have been in the spotlight for the increase of cases where they rough up the public for recording them during arrests, often in a bid to conceal the manner in which they handle suspects.

Members of the public took the opportunity to voice their concerns on Engage the IG forum on Twitter, such as the spike in the number of disappearances, crime incidents in various parts of the country, as well as the looming illicit brew crisis affecting the youth.

This came after the IG recalled all police officers on leave to resume office before Monday, November 15.

This followed President Uhuru Kenyatta's directive to heighten surveillance as the country is facing a security threat, owing to political intolerance in the country and the civil uprisings in the neighbouring countries of Ethiopia and Somalia.

Mutyambai, in effecting the President's directive, is working to ensure even distribution of police officers in areas that have been mapped as in need of immediate security enhancement.

ID Hillary Mutyambai at a pass-out parade in November 2019.
Police IG Hillary Mutyambai at a pass-out parade in November 2019.
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