A sharp dispute has erupted between Kenya’s legal fraternity and the government after Interior Cabinet Secretary Kipchumba Murkomen dismissed a court order requiring police officers to display their identities during protests.
The Law Society of Kenya (LSK) on Wednesday accused Mr Murkomen of “wilful disregard” of the law, after he suggested that officers may conceal their identities for safety reasons.
“That order is subject to interpretation because we will not allow our police officers to put their lives in danger,” Mr Murkomen said in an interview with Citizen TV on Tuesday night. He added that uniformed officers sometimes needed anonymity to protect themselves.
LSK president Faith Odhiambo was quick to respond. In a strongly worded statement, she said Mr Murkomen’s stance undermined the rule of law and eroded judicial authority.
“Court orders are not subject to interpretation by the Executive,” Ms Odhiambo said. “By proposing otherwise, Mr Murkomen has elevated himself, the National Police Service, and the Executive arm of government to a non-existent pedestal of supremacy where compliance with court orders becomes optional.”
She stressed that all court orders remain binding until overturned by an appellate court, warning that police disguises during protests would amount to contempt.
The clash traces back to an August 2024 High Court ruling. The court directed the Inspector General of Police to ensure officers deployed at demonstrations display their service numbers and name tags, arguing that accountability is essential in maintaining public trust.
The order followed complaints filed by the LSK, which argued that officers had been operating anonymously while dispersing protests, making it difficult to investigate allegations of abuse.
The National Police Service Act already sets out how officers should identify themselves, including clear rules on the use of force and self-protection.
For the LSK, the matter goes beyond uniforms. “This is about upholding the Constitution and ensuring that state agencies are accountable,” Ms Odhiambo said.
The Interior Ministry has not issued further clarification on whether the police will comply with the court directive.
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