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Rights lobby seeks to expose torture in case challenging police who conceal identity on duty
Lobby groups want police officers on patrol to display their IDs.
A human rights organisation is seeking to expose the inhumane treatment that the public encounters in the hands of police officers who conceal their identity during security operations.
The Independent Medico-Legal Unit (Imlu) wants to join a petition by activist Khelef Khalifa and Muslims for Human Rights (Muhuri), challenging the continued concealment of identity by police officers while conducting normal patrols and failing to wear recognised uniform while carrying firearms.
In its application seeking to join as an interested party, Imlu says it will bring unique perspectives on the case, especially on the effect of police concealing their identity during their operations.
The non-governmental organisation says it is actively engaged in police reforms and that it convenes the Police Reforms Working Group Kenya, which advocates for policing that adheres to human rights.
“The first intended interested party (Imlu) has also documented patterns of torture and police excess, especially during protests,” part of the application dated May 6 states.
According to the organisation, it has been instrumental in legal reforms towards accountability for torture and also participated in the enactment of some legislation, including the National Coroners Service Act, 2017.
“There will be substantial prejudice if Imlu is denied an opportunity to participate in the proceedings,” part of the application states.
Mr Khalifa and Muhuri argue that members of the public have been subjected to police conduct that does not meet the constitutional threshold, thus violating the Bill of Rights.
They are seeking a declaration that any arrest conducted by police without wearing official uniform, a conspicuous badge exposing the name tag and force number, a branded police vehicle with obscure colours, use of balaclava face masks and hidden or in genuine number plate is unconstitutional.
The petitioners have sued the County Police Commander, Inspector General of the National Police Service and the Attorney General.
They also want a declaration that any arrest carried out by the National Intelligence Service, Director of Criminal Investigations, Administration Police or any other related unit while wearing balaclavas, facemasks failure to wear identity tags in unlawful, null and void.
“The petitioners are intending to maintain public confidence in the security apparatus through advocating for transparency and accountability, whether in private life, petitioning, demonstrating and picketing,” part of the petition states.
Road block
Mr Khalifa is also challenging his arrest and being booked at Malindi Police Station with the offence of causing disturbance and obstructing police officers while on their lawful duty, which he says is not true.
According to the petitioners, on August 17 last year, Mr Khalifa and his family were heading to Malindi from Mombasa to attend a function and that along the highway within Mida Creek, Watamu area, he met a road block manned by people believed to be from the National Police Service who stopped his vehicle.
Mr Khalifa says that during the commotion two armed officers wearing balaclavas approached his vehicle, forced him out, frisked him alluding to conduct a search and told him to board their vehicle.
“The first petitioner (Mr Khalifa) inquired as to why they had concealed their faces in a menacing manner yet they acted though they were police officers. He was accosted and taken into an accompanying vehicle away from his family,” part of the petition states.
Mr Khalifa says that at the police station he was granted a Sh10,000 cash bail and that he has never been charged.
“The so called arrest was deliberately staged to intimidate the first petitioner before his family, he has not yet been charged and the last court date granted was on September 23, 2024, where the prosecution stated that the file had been taken to Nairobi for review,” the petition states in part.
The petitioners say that Mr Khalifa’s rights were violated through an unlawful arrest and detention for questioning the lack of transparency by the police officers.
The petitioners argue police continued use of face masks balaclavas and concealment of identity while conducting normal police patrol and hence harassing and arbitrarily arresting Mr Khalifa for demanding police identify themselves is contrary to his right under Article 49 of the Constitution.
The petitioners are also seeking a declaration that the detention of Mr Khalifa by police officers was done unlawfully and illegally.
They are also seeking a declaration that the continued concealment of identity of police officers by use of balaclavas and hidden licence plate numbers is an abuse of the constitutionally mandated police power contrary to the Bill of Rights.
The case will be mentioned on June 10.