Court backs case against police attacks on scribes

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The  High Court in Nakuru has allowed a petition challenging alleged harassment, arrest and intimidation of journalists by police officers while covering protests.

Justice Samuel Mohochi said the detailed judgement would be posted within 14 days.

“It had initially been scheduled for judgement on February 26 and on that day the court indicated that it allowed the petition in judgment and a reasoned judgment to be issued,” said the judge.

The petition was filed by the Kenya Union of Journalists, the Kenya Editors’ Guild, the Independent Medico-Legal Unit and journalists Dominic Wafula, Justus Macharia, Erick Isinta, Maureen Muthoni and Nick Mudimba.

They sued the National Police Service, Inspector General, then Nakuru County Police Commander Peter Mwanzo, former Nairobi Regional Police Commander Adamson Bungei, the Independent Policing Oversight Authority and other State agencies.

The petition challenged what the journalists describe as an emerging culture of harassment, arrest, intimidation and attacks by police officers against journalists covering protests.

According to the petitioners, the situation has been enabled by the failure of key institutions — including the National Police Service Commission, the Inspector General, Independent Policing Oversight Authority and the Office of the Director of Public Prosecutions — to investigate, arrest, or prosecute officers accused of the attacks.

They argued that the trend threatens freedom of expression and media freedom, which they say are central to a democratic society.

The petition sought redress for journalists who were injured while covering protests against the Finance Bill 2024 in mid-2024.

Among the incidents presented in court on March 30, 2023, are police allegedly firing a tear gas canister at journalist Isinta while he was covering Azimio la Umoja protests in Embakasi, Nairobi, striking his face and causing injury. Hitting his face and injuring him.

On June 18, 2024, while covering protests against the Finance Bill in Nairobi, police officers allegedly pushed Macharia out of a moving vehicle after arresting him, causing him to hit the tarmac and sustain injuries.

On the same day, Wafula was reportedly hit by a tear gas canister fired by police while covering protests near the Supreme Court in Nairobi’s central business district, leaving him with abdominal injuries.

Muthoni also said she suffered trauma after police actions during the protests, while Mudimba dislocated his arm on July 25, 2024, after allegedly being pushed by police while covering demonstrations in Nairobi.

The petitioners argued that the alleged unlawful use of force against journalists has either not been investigated or that investigations have not been prompt, independent, or effective.

They noted that none of the respondents had taken action against the police officers involved.

The petitioners further raised concerns about the doxing of journalists, including Yvonne Okwara and Mashirima Kapombe.

The petition requested the court to declare that harassment, beatings, arbitrary arrests, and intimidation of journalists covering protests infringe on constitutional rights such as dignity, personal security, freedom of expression, and media freedom.

They also sought orders compelling authorities to investigate and prosecute the police officers involved, a public apology from the Attorney-General, damages for the victims and a court-supervised report on steps taken to implement the judgment.