The suit which was lodged at the Milimani Law Courts in Nairobi targets several police officers accused of gross misconduct during the anti-government demonstrations that began nationwide on June 18, 2024.
The Law Society of Kenya (LSK) has taken its battle against police brutality to the Kenyan courts through the filing of a lawsuit against officers who manhandled popular online activist and journalist Hanifa Adan during the recent anti-government protests.
The suit which was lodged at the Milimani Law Courts in Nairobi targets several police officers accused of gross misconduct during the anti-government demonstrations that began nationwide on June 18, 2024.
Of particular focus in the lawsuit is Sergeant Martin Mbae Kithinji, accused of manhandling Hanifa while “arresting” her near the Kenya National Archives on June 18, 2024, an action seen to have been in violation of her constitutional rights.
“Hanifa Farsafi was harassed and unlawfully “arrested” at a peaceful and unarmed protest by (Sgt. Kithinji) a man whose status as a police officer is unknown and who was dressed in civilian clothing on June 18, 2024, at the Archives Moi Avenue,” the petition states in part.
Activist Hanifa Adan in a police car (right) on June 18, 2024. /HANIFA ADAN.CITIZEN TV
On that day, Hanifa was captured on national TV among those being led to a waiting police car at the Kenya National Archives in the Central Business District (CBD).
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.
Also sued by the LSK are Nairobi regional police commander Adamson Bungei, Corporal Isiah Ndumba Murangiri, and Nairobi Central Police Station OCS Moses Shikuku as well as the Police IG for violating various articles of the constitution.
Cpl. Murangiri is sued for violating the constitution and the (NPS) Service Standing Orders by using excessive force and arbitrarily causing harm to people exercising their right to protest.
Bungei and Shikuku were faulted for deploying non-uniformed officers to fight peaceful and unarmed protesters and thus liable for any harm caused by the ununiformed officers under their command. The two were deemed responsible for the actions of officers under their command under the doctrine of command responsibility.
Sgt. Kithinji serves under the Nairobi Central SPIV since his deployment to the Kenya Police Service from the Administration Police Service in 2016.
LSK argued that this masking of police officers facilitated them to administer excessive force to protesters without due regard for the safety of the demonstrators.
Earlier on Wednesday, August 14, the High Court in Nairobi directed that all police officers wear either a nametag or a service number clearly identifiable and affixed on their uniforms when providing security or dealing with protesters.
High Court Judge, Bahati Mwamuye, issued the directive in response to a suit filed on July 31 by Florence Wairimu.
Furthermore, police officers in plain clothes or who are non-uniformed and may be deployed or utilized in any manner with regard to a person(s) who is or is planning on assembling, demonstrating picketing, or petitioning shall not in any way hide or obscure their face so as to render them difficult to identify or unidentifiable.
This simply means that the officers should not wear balaclavas or face masks in any attempt to conceal their identities.
The National Police Service was further directed by the court not to obscure the identification, registration, or markings of any motor vehicle being used when in any way dealing with any person(s) who is or is planning on assembling, demonstrating, picketing, or petitioning.
A police officer navigates teargas being lobbed at protesters in Nairobi. /REUTERS