The High Court has paved the way for the Law Society of Kenya (LSK) to proceed with its case against police officers accused of misconduct during last year’s demonstrations. In a decisive ruling, the court rejected the police’s attempt to have the case dismissed, affirming its jurisdiction to hear and determine the matter.
The police had argued that the LSK had failed to exhaust all internal dispute resolution mechanisms before seeking court intervention. However, Justice Lawrence Mugambi dismissed this preliminary objection, stating that the Police Act does not provide sufficient avenues for complainants beyond disciplinary measures against officers. He further noted that existing internal mechanisms are inadequate in addressing violations of fundamental rights and freedoms.
“The upshot is that this preliminary objection has no merit and is dismissed in its entirety,” Justice Mugambi ruled, reinforcing the court’s commitment to upholding justice and human rights.
The case stems from incidents that occurred in June last year, when the LSK filed a lawsuit seeking accountability for the fatal shooting of Rex Masai during protests. The society contends that police officers used excessive force, leading to unlawful deaths and injuries.
In addition to demanding justice for Masai, the LSK is also seeking court orders to bar the Inspector General of Police from deploying officers in civilian clothing to manage protests. The legal body argues that such practices violate the principles of transparency and accountability in law enforcement.
This ruling sets the stage for a full hearing where police conduct during public demonstrations will be scrutinized. The case highlights broader concerns over police brutality and the need for systemic reforms to enhance accountability within the force.
LSK’s move to challenge police misconduct aligns with growing calls from civil society and human rights organizations to address excessive use of force by security agencies. The case is expected to be a landmark test of the judiciary’s role in ensuring that law enforcement agencies adhere to constitutional and human rights standards.
As the legal proceedings continue, all eyes will be on the judiciary’s handling of the case, with potential implications for policing policies and human rights protections in Kenya.
