LSK Sues Police Officers for Manhandling Activist Hanifa Safia During Protests

 In a hurry? Here’s a quick summary…

• The Law Society of Kenya (LSK) has filed a lawsuit against several police officers, including Sergeant Martin Mbae Kithinji, for misconduct and excessive force during the June 2024 anti-government protests.

• The High Court has issued new directives to improve police accountability, including requiring plainclothes officers to remain identifiable and uniformed officers to display their nametags and service numbers.

Hanifa Safia Adan tussling with a police officer at Archives Nairobi, June 18.

The Law Society of Kenya (LSK) has intensified its efforts to combat police brutality by filing a lawsuit against officers involved in the violent crackdown on protesters earlier this year. 

The lawsuit, submitted to the High Court, specifically targets several police officials accused of gross misconduct during the anti-government demonstrations that spread across the nation in June 2024.

Central to the LSK's legal action is Sergeant Martin Mbae Kithinji, who is charged with manhandling reporter and activist Hanifa Safia Adan. 

On June 18, 2024, Kithinji, dressed in civilian clothing and allegedly acting outside his official capacity, detained Adan near the Kenya National Archives. 

Read Also:

Paul Mackenzie on Trial for Manslaughter in Shakahola Deaths

Wanjigi Secures Court Order to Block Police Access After Controversial Raid

Eldoret Forex Scam: Victims Protest as Police Delay Mastermind’s Arrest

The lawsuit argues that Kithinji violated Adan’s constitutional rights during what was supposed to be a peaceful protest, where she was unlawfully arrested.

The protests, which resulted in at least 61 fatalities according to the Kenya National Commission on Human Rights, were marred by allegations of excessive force by the police. 

Reports suggest that officers used live ammunition against largely peaceful demonstrators, a move that has been condemned by both local and international human rights organizations.

The LSK's lawsuit goes beyond Kithinji to include several other high-ranking police officials. 

Nairobi regional police commander Adamson Bungei, Corporal Isiah Ndumba Murangiri, and Nairobi Central Police Station OCS Moses Shikuku are also named in the suit. 

They are accused of failing to prevent or address the excessive force used by their subordinates and for allowing non-uniformed officers to participate in the violent suppression of protests.

Corporal Murangiri faces allegations of breaching the constitution and the National Police Service (NPS) Standing Orders by using undue force and causing injury to individuals exercising their right to protest. 

Bungei and Shikuku are held accountable under the doctrine of command responsibility for deploying plainclothes officers who, according to the LSK, acted with impunity and inflicted harm on protesters.

The case against Sergeant Kithinji raises broader concerns about police accountability and transparency. 

The LSK contends that the practice of deploying officers in civilian clothes facilitated brutal tactics against demonstrators while evading identification, compromising public safety and undermining trust in law enforcement.

In response to these issues, the High Court has issued new directives aimed at improving police conduct. 

On Wednesday, Justice Bahati Mwamuye mandated that plainclothes officers must not cover their faces during interactions with the public. 

Additionally, the court ordered that all uniformed officers must prominently display their nametags and service numbers during operations. 

These measures are intended to enhance accountability and ensure that officers can be identified during engagements with the public.

The LSK’s legal action is part of a broader effort to address police excesses and prevent the recurrence of such incidents. 

On July 31, 2024, the organization petitioned the High Court for orders to curb police abuses, including the abduction of individuals suspected of organizing protests.