Faith Odhiambo Warns Plainclothes Police During Protests Are in Contempt of Court

The Law Society of Kenya (LSK) has sharply criticized Interior Cabinet Secretary Kipchumba Murkomen over his recent remarks defending the deployment of plainclothes police officers during protests, warning that such actions amount to contempt of court.

In a statement issued by LSK President Faith Odhiambo, the society dismissed Murkomen’s suggestion that the High Court’s ruling on police identification during demonstrations was open to interpretation.

The court, in a judgment delivered on April 30, 2025, had ordered that police officers must wear official uniforms for transparency and accountability, except in specific circumstances provided under police service regulations.

According to Odhiambo, Murkomen’s stance undermines the rule of law by implying that the Executive and the National Police Service can choose whether or not to comply with court orders.

“There is no discretion when it comes to compliance with court orders. There is only one duty — to comply,” she said.

The LSK president cautioned that disguising officers in civilian clothes, balaclavas, or unmarked vehicles during protests was unconstitutional and in direct violation of the High Court ruling.

She added that such conduct could be seen as advancing “nefarious objectives” rather than safeguarding public order.

Odhiambo further warned that any officer found disguising themselves during demonstrations would be deemed in contempt of court and held personally liable.

The LSK urged members of the public to report violations, pledging to pursue contempt proceedings against culpable officers.

“The centrality of compliance with court orders in maintaining the rule of law cannot be ignored,” Odhiambo stated.