Court Orders Police to Stop Posting Images of Suspects on Social Media

The court has ordered the Director of Criminal Investigations (DCI) and the Inspector of General Police to stop posting photos of suspects on social media.

High Court Justice Wilfrida Okwany has issued the restraining orders pending hearing and determination of a petition filed by a Nairobi resident, Henry Shitanda.

“That a conservatory order and 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 and more specifically on the DCI Facebook and Twitter page pending the determination of the petition,” reads the court order.

In his petition, Shitanda argues that uploading suspects’ photos online before they are paraded in court is unconstitutional since it is not provided in law.

He further avers that posting the accused persons' images on social media violates their rights to privacy as enshrined in the Constitution.

“The internet and social media have made booking photos more embarrassing and humiliating than ever before as the accused or suspects are entitled to privacy rights as enshrined in the constitution,” reads the court papers.

He lists the Inspector of General Police Joseph Boinnet and the Director of Criminal Investigations George Kinoti as respondents in the case.

“The respondents should be made aware that even after suspects or accused in the criminal proceedings the booking photographs are available on the internet long after the case ends,” says the petitioner.

 The matter will be mentioned on March 5th, 2019.