An activist and a human rights lobby group have filed a petition challenging the continued concealment of identity by police officers while conducting normal patrols and failing to wear recognised uniforms while carrying firearms.
Mr Khelef Khalifa and Muslims for Human Rights (Muhuri) argue that members of the public have been subjected to police conduct that does not meet the constitutional threshold, thus it is in violation of the Bill of Rights.
In their petition at the High Court in Mombasa, they are seeking a declaration that any arrest conducted by police without wearing an official uniform, a conspicuous badge exposing the name tag and force number, a branded police vehicle with obscure colours, use of balaclavas face masks and hidden or in genuine number plate is unconstitutional.
The petitioners have sued the County Police Commander, Inspector General of the National Police Service and the Attorney General.
They also want a declaration that any arrest carried out by the National Intelligence Service, Director of Criminal Investigations, Administration Police or any other related unit while wearing balaclavas, facemasks, or failure to wear identity tags is unlawful, null and void.
“The petitioners are intending to maintain public confidence in the security apparatus through advocating for transparency and accountability, whether in private life, petitioning, demonstrating and picketing,” part of the petition states.
Mr Khalifa is also challenging his arrest and being booked at Malindi police station with the offence of causing disturbance and obstructing police officers while on their lawful duty, which he says is not true.
According to the petitioners, on August 17 last year, Mr Khalifa and his family were heading to Malindi from Mombasa to attend a function, and along the highway within Mida Creek, Watamu area, he met a roadblock manned by people believed to be from the National Police Service who stopped his vehicle.
Mr Khalifa says that during the commotion, two armed officers wearing balaclavas approached his vehicle, forced him out, frisked him, alluding to conduct a search and told him to board their vehicle.
“The first petitioner (Mr Khalifa) inquired as to why they had concealed their faces in a menacing manner, yet they acted as though they were police officers. He was accosted and taken into an accompanying vehicle away from his family,” part of the petition states.
Mr Khalifa says that at the police station, he was granted a Sh10,000 cash bail and that he has never been charged.
“The so-called arrest was deliberately staged to intimidate the first petitioner before his family, he has not yet been charged, and the last court date granted was on September 23, 2024, where the prosecution stated that the file had been taken to Nairobi for review,” the petition states in part.
The petitioners say that Mr Khalifa’s rights were violated through an unlawful arrest and detention for questioning the lack of transparency by the police officers.
The petitioners argue police's continued use of face masks, balaclavas and concealment of identity while conducting normal police patrols and hence harassing and arbitrarily arresting Mr Khalifa for demanding police identify themselves, is contrary to his right under Article 49 of the constitution.
The petitioners are also seeking a declaration that the detention of Mr Khalifa by police officers was done unlawfully and illegally.
They are also seeking a declaration that the continued concealment of the identity of police officers by use of balaclavas and hidden license plate numbers is an abuse of the constitutionally mandated police power contrary to the Bill of Rights.
