LSK faults CS Murkomen over defiance of High Court ruling on masked police officers during protests
LSK has urged the public to report any officers acting in violation of the ruling, saying it is prepared to take legal action against those found culpable.
The Law Society of Kenya (LSK) has criticised Interior Cabinet Secretary Kipchumba Murkomen over remarks suggesting that a High Court ruling on police disguises during public demonstrations could be interpreted at the government’s discretion.
Speaking in an interview on Monday, Murkomen defended the government’s use of plainclothes and masked police officers during protests and sensitive operations, saying the measures are necessary to safeguard law enforcement personnel.
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“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 [officers] are automatically in plain clothes. If it is necessary for them to be masked to protect themselves, then they should,” Murkomen said.
He added that not all officers are required to wear uniforms, particularly those in specialised units such as the Directorate of Criminal Investigations (DCI), whose work often involves intelligence gathering and operations in volatile situations.
Undermined High Court ruling
But in a statement on Tuesday, LSK said Murkomen’s comments undermined the High Court ruling of April 30, 2025. The ruling directed that all police officers managing public assemblies, demonstrations, or picketing must wear identifiable uniforms and are prohibited from covering their faces or operating in plain clothes.
The judgment followed the killing of Rex Masai during a protest, where the officer responsible could not be identified because he was dressed in civilian clothing. LSK noted that police brutality and unlawful killings are frequently linked to officers operating without proper identification.
“According to Mr Murkomen, this sound, clear, precise and enforceable finding by the High Court is open to interpretation, and can be overridden by ‘necessity of the officers securing themselves.’ This could not be farther from the truth. There is no discretion when it comes to compliance with court orders. There is only one duty: to comply and not to decide how to comply,” LSK President Faith Odhiambo said.
The Society further accused Murkomen of attempting to elevate the Executive and the National Police Service above the law by suggesting that court orders are subject to interpretation.
Non-existent supremacy pedestal
“By proposing that court orders are subject to interpretation by the Executive, Mr 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,” Odhiambo said.
“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.”
LSK reminded both the Executive and the National Police Service that all court orders are binding and must be strictly observed unless overturned by a competent court.
It warned that any police officer disguising themselves during demonstrations while the order remains in force would be committing contempt of court.
“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,” Odhiambo said.
“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.”
LSK also urged the public to report any officers acting in violation of the ruling, saying it is prepared to take legal action against those found culpable.
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