The Law Society of Kenya (LSK) has criticized Interior Cabinet Secretary Kipchumba Murkomen over remarks he made regarding the deployment of plainclothes police officers.
In a statement on Tuesday, September 16, LSK President Faith Odhiambo warned that such comments undermine the authority of the courts.
The concerns stem from Murkomen’s appearance in a recent engagement forum where he suggested that the High Court’s ruling barring the deployment of masked and plainclothes police officers could be subjected to interpretation.
In his ruling on Wednesday, August 14, Justice Bahati Mwamuye directed that police officers must wear uniforms for identification during operations, except in limited circumstances provided under the National Police Service Standing Orders.
The court further declared that the use of plainclothes, balaclavas, and unmarked vehicles to arrest peaceful demonstrators was unconstitutional.
According to the LSK, Murkomen’s suggestion that compliance with the ruling could be overridden by necessity misrepresented the clear nature of court orders.
“By proposing that court orders are subject to interpretation by the Executive, Murkomen has elevated himself, the National Police Service and the Executive arm of Government to a non-existent pedestal of supremacy in law, where compliance with court orders is a matter of choice and convenience.
“This ignores the centrality of compliance with court orders in maintaining the rule of law, a fact well-known to Mr. Murkomen as an Advocate of the High Court of Kenya,” the statement read.
LSK reaffirmed the force of the court’s decision, stressing that there is no leeway for selective adherence to judicial pronouncements.
“The Law Society of Kenya reminds both the Executive and the National Police Service that every court order is binding, enforceable and must be strictly complied with unless and until set aside by a court of competent jurisdiction. In the circumstances, there is no argument or justification for any Police officer to disguise themselves during demonstrations while an express court order remains in force against such conduct.
“The National Police Service Act and National Police Service – Service Standing Orders both provide clear and elaborate measures through which the Police can protect themselves when maintaining peace during demonstrations – concealment of identity to advance nefarious objectives is not one among the many,” the statement added.
LSK further warned that non-compliance with the High Court’s ruling would have serious consequences, further asking the public to report officers acting contrary to the court order.
“Should any police officer disguise themselves during any demonstrations, the same will be considered a deliberate act of contempt against court orders. The Law Society of Kenya warns all Officers of the National Police Service to desist from such contemptuous conduct, and that the same would amount to an offence whose liability is borne by individual contemnors.
“We urge all members of the public to identify and report any and all officers found to be acting contrary to this court order, and we are prepared to prosecute contempt of court proceedings against every officer found culpable,” the statement concluded.
While speaking during the engagement forum on Monday, September 15, Murkomen defended the government’s decision to deploy plainclothes officers in certain operations.
He said the move is meant to prioritize the safety of police officers on duty.
Addressing concerns over the practice, Murkomen said that if enforcement officers see the need to operate discreetly during assignments, then they should.
“We will not allow our police officers to put their lives in danger by wearing a uniform when they shouldn’t be wearing a uniform. Even in protests, DCI are automatically in plain clothes. If it is necessary for them to be masked to protect themselves, then they should,” he said.
