An activist, backed by a human rights lobby group, has taken legal action against the continued concealment of police officers’ identities during patrols, arguing that the practice violates constitutional rights.
Khelef Khalifa, in collaboration with Muslims for Human Rights (MUHURI), has filed a petition in the High Court in Mombasa, challenging the failure of officers to wear official uniforms while carrying firearms. They claim that members of the public have been subjected to unconstitutional conduct, infringing on the Bill of Rights.
The petition seeks a declaration that any arrest made by officers without official uniforms, visible name tags, and force numbers—or conducted using unmarked vehicles with hidden license plates and balaclavas—is unconstitutional.
The petitioners have named the County Police Commander, the Inspector General of the National Police Service, and the Attorney General as respondents in the case.
They also seek a ruling that arrests conducted by officers from the National Intelligence Service, the Directorate of Criminal Investigations, the Administration Police, or any related unit are unlawful if carried out while wearing balaclavas, facemasks, or without visible identity tags.
“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,” the petition states.
Khelef Khalifa Recounts His Arrest in Watamu
Additionally, Khelef Khalifa is challenging his own arrest and subsequent booking at Malindi Police Station on charges of causing a disturbance and obstructing police officers in their lawful duty. He insists the allegations against him are false.
The petitioners recount that on August 17 last year, Khalifa and his family were traveling from Mombasa to Malindi for a function when they encountered a roadblock near Mida Creek in the Watamu area. The roadblock was manned by individuals believed to be police officers, who stopped his vehicle.
According to Khalifa, during the encounter, two armed officers wearing balaclavas approached his car, forcibly removed him, frisked him under the pretext of conducting a search, and ordered 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,” the petition states.
Khalifa states that police granted him a Ksh10,000 cash bail at the station but have never charged him with any offense.
According to the petition, authorities staged his arrest to intimidate him in front of his family. “He has not yet been charged, and during the last court date on September 23, 2024, the prosecution claimed the file had been taken to Nairobi for review,” the petition adds in part.
The petitioners argue that police violated Khalifa’s rights by unlawfully arresting and detaining him for questioning their lack of transparency.
Furthermore, they claim that officers routinely disguise their identities using balaclavas, masks, and unmarked vehicles during normal patrols, allowing them to harass and arbitrarily arrest civilians with impunity. They assert that this practice violates constitutional protections under Article 49.
The petitioners are calling for a court ruling declaring Khalifa’s detention unlawful and illegal.
They are also seeking a declaration that the continued use of balaclavas, concealed identities, and hidden license plates by police officers is an abuse of power that directly contravenes the Bill of Rights.
