LSK demands end to masked police after June 25 protests

The Law Society of Kenya (LSK) has issued a formal demand for the cessation of the use of masked police officers during public demonstrations, following the violent clashes observed during the June 25 protests. The LSK’s position is rooted in the constitutional requirement for transparency and accountability in policing, arguing that the use of masks prevents the identification of officers who engage in misconduct, thereby fostering a culture of impunity. This demand is not merely a procedural request but a fundamental challenge to the current operational tactics of the National Police Service, which the LSK contends are in direct violation of the Constitution of Kenya and the National Police Service Act, both of which emphasize the need for officers to be identifiable while on duty.

The legal significance of this demand lies in the tension between the state’s mandate to maintain public order and the individual’s right to protest and be free from arbitrary state violence. By calling for an investigation into police misconduct, the LSK is asserting the role of the legal profession as a watchdog for the rule of law. For practitioners, this situation highlights the necessity of holding state actors accountable through both the Independent Policing Oversight Authority and the courts. The legal context involves the interpretation of the Public Order Act and the constitutional protections for freedom of assembly, which are frequently tested during periods of civil unrest. The LSK’s intervention serves as a reminder that the state’s power to police is not absolute and must be exercised within the confines of the law.

Attorneys and businesses should closely monitor the response of the Inspector General of Police and the Ministry of Interior to these demands, as any shift in policy will have direct implications for the safety of citizens and the conduct of future protests. Legal professionals should be prepared to represent clients who have been victims of unidentified officers, focusing on the evidentiary challenges posed by masked perpetrators. It is advisable for firms to maintain updated records of police conduct during public events and to support the LSK’s advocacy efforts, as the normalization of anonymous policing poses a significant threat to the transparency of the justice system and the protection of fundamental human rights.