Police bosses risk jail term over officers in plainclothes

Inspector General of Police Douglas Kanja and Nairobi Regional Police Commander Adamson Bungei are at risk of a six-month imprisonment for allegedly violating court orders.

The Law Society of Kenya (LSK) has petitioned for their imprisonment, claiming that Kanja and Bungei ignored a directive from Justice Bahati Mwamuye requiring that plainclothes officers not conceal their identities during protests.

These orders by Justice Mwamuye explicitly directed the Inspector General to ensure that plainclothes officers do not mask their faces while dealing with protestors and that the identification or registration of any motor vehicle used during demonstrations remains visible.

The LSK argues that on September 24, police used excessive force to block activists, including Boniface Mwangi, from delivering a petition to the Executive Office of the President.

The petition sought justice for the 60 individuals who lost their lives during the anti-Finance Bill 2024 protests.

According to the LSK, police officers not only obstructed the activists but also concealed their badges and wore masks, defying the court’s orders.

The court papers indicate that the officers resorted to pushing and shoving to block the activists from entering the premises.

Alarmingly, the uniformed officers concealed their badges and service numbers, while the non-uniformed officers wore masks to hide their identities actions that the LSK argues are in direct defiance of the court’s orders issued on August 14, 2024.

The LSK alleges that both Kanja and Bungei have grossly violated several articles of the Constitution, including Articles 10, 73, 159, and 244, which pertain to national values, leadership and integrity, and public service.

The lawyers are seeking a court declaration that the two officials are guilty of contempt of court and should be sentenced to six months in prison.

“The 4th & 5th Respondents be hereby convicted of the offence of contempt of court and are sentenced to six months imprisonment,” the court documents state.

Other than two top police officers, the petition has named several parties, including Isaiah Murangiri, Moses Mitayi Shikuku and the Attorney General as respondents.