Kenya: Court Bars Police From Parading Suspects On Social Media

The High Court has issued orders barring the Inspector General
of Police and Director of Criminal Investigations (DCI) from
posting mug shots of suspects on social media before they are
arraigned.

Justice Wilfrida Okwany issued temporary orders on Friday
restraining Inspector General of Police Joseph Boinnet and Director
of Criminal Investigations George Kinoti from posting photographs
of suspects being booked at police stations on the internet,
specifically on their Twitter and Facebook.

A Nairobi Henry Shitanda resident filed the petition in court
terming it unconstitutional.

Mr Shitanda argued that posting the suspects’ pictures on social
media before they are charged is against the law.

PRIVACY

In the petition, he argued that sharing of the images online not
only humiliates the suspects but also infringes on their rights to
privacy.

The Directorate of Criminal Investigation has been sharing mug
shots of suspects on social media after they had been arrested.

Mr Shitunda said that if the trend is not stopped, the booking
photos as displayed on the DCI social media accounts may be used by
other persons and shared to otherwise collect or solicit for its
removal from the internet.

Justice Okwany certified the matter as urgent.

“That a conservatory order be and is hereby issued restraining
the Inspector of General Police and Director of Criminal
Investigations from posting suspects and or accused person booking
photographs and on the internet and social media and more
specifically on the DCI Facebook and Twitter page pending the
determination of the petition,” reads the court order.

The matter is set to be mentioned on March 5, 2019.