The Law Society of Kenya (LSK) has launched a blistering attack on Interior Cabinet Secretary Kipchumba Murkomen over remarks he made defending the deployment of plainclothes police officers during protests.
In a strongly worded statement on Tuesday, September 16, LSK President Faith Odhiambo accused Murkomen of undermining the authority of the courts by suggesting that the High Court ruling barring the use of masked and plainclothes officers in demonstrations could be “subject to interpretation.”
The controversy stems from Justice Bahati Mwamuye’s ruling on August 14, which directed that all police officers must wear uniforms for identification during operations—except under very limited circumstances outlined in the National Police Service Standing Orders. The court further declared the use of balaclavas, plainclothes, and unmarked vehicles to arrest peaceful demonstrators unconstitutional.
But speaking at an engagement forum on Monday, September 15, Murkomen dismissed those restrictions as impractical. “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 are automatically in plain clothes. If it is necessary for them to be masked to protect themselves, then they should,” the CS said.
Murkomen, who is currently in Siaya County conducting a Usalama Mashinani town hall, has doubled down on the government’s position, insisting officer safety comes first.
The LSK, however, warned that Murkomen’s stance misrepresents the law and risks eroding public trust in the justice system.
“By proposing that court orders are subject to interpretation by the Executive, 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 stated.
The lawyers’ body reminded the government that court decisions are binding and enforceable until overturned by a higher 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,” LSK said.
The society further warned that any officer found violating the ruling would be treated as being in contempt of court. “Should any police officer disguise themselves during demonstrations, the same will be considered a deliberate act of contempt against court orders. We are prepared to prosecute contempt proceedings against every officer found culpable,” Odhiambo added.
The standoff underscores simmering tensions between the Executive and Judiciary over police accountability in protest management. While Murkomen insists officer safety is non-negotiable, the LSK maintains that the rule of law cannot be bent to convenience.
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