LSK sues Nairobi police boss Adamson Bungei and others for manhandling Hanifa Adan
By Joseph Ndunda |
Sgt. Martin Mbae Kithinji, who is the first respondent is sued for manhandling Hanifa while "arresting" her near the Kenya National Archives on June 18, 2024. He is accused of violating her constitutional rights.
The Law Society of Kenya has sued the police officer who manhandled The Eastleigh Voice reporter Hanifa Adan during the recent anti-government protests.
Sgt. Martin Mbae Kithinji, who is the first respondent is sued for manhandling Hanifa while "arresting" her near the Kenya National Archives on June 18, 2024. He is accused of violating her constitutional rights.
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"Hanifa Farsafi was harassed and unlawfully "arrested" at a peaceful and unarmed protest by (Sgt. Kithinji) a man whose status as a police officer is unknown and who was dressed in civilian clothing on June 18, 2024, at the Archives Moi Avenue," the petition states.
Also sued by LSK are Nairobi regional police commander Adamson Bungei, Corporal Isiah Ndumba Murangiri and Nairobi Central Police Station (OCS) Moses Shikuku alongside the Police IG for violating various articles of the constitution.
Cpl. Murangiri is sued for violating the constitution and the (NPS) Service Standing Orders by using excessive force and arbitrarily causing harm to people exercising their right to protest.
Bungei and Shikuku are sued for deploying non-uniformed officers to fight peaceful and unarmed protesters and thus liable for any harm caused by the ununiformed officers under their command.
BREAKING NEWS: Hanifa among protestors arrested in Nairobi CBD today. pic.twitter.com/VIGJssnggl
— OTWOMA THE BRAND🇰🇪 (@Isaac_Otwoma) June 18, 2024
The LSK says the two are responsible for the actions of officers under their command under the doctrine of command responsibility.
Sgt. Kithinji serves under the Nairobi Central SPIV since his deployment to the Kenya Police Service from the Administration Police Service in 2016.
LSK says that this masking of police officers facilitated them to administer excessive force to protesters without due regard for the safety of the demonstrators.
On Wednesday, the High Court ordered the Inspector General of Police to ensure that plainclothes officers do not cover their faces while arresting, restraining or dealing in any way with the protesters.
Justice Bahati Mwamuye also ordered the police to ensure that all uniformed officers of the National Police Service (NPS) or those working under NPS have a nametag and affix their service numbers in a clearly visible part of their uniform during any operations.
The Law Society of Kenya had on July 31, 2024, petitioned the high court to issue the orders to stop police excesses including abductions of individuals suspected to be organising the youth-led protests across the country.
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