Court stops police from posting suspects’ photos

Justice Wilfrida Okwany. FILE PHOTO | NMG

The High Court has barred the Director of Criminal Investigations and the Inspector-General of Police from publishing on social media photos of suspects who are yet to be arraigned over various criminal allegations.

Justice Wilfrida Okwany issued the temporary directive in a case in which a city resident filed case protesting the publishing of crime suspects’photographs on Facebook and Twitter.

"A conservatory order is hereby issued restraining the Inspector-General of Police and the Director of Criminal Investigations from posting suspects and accused persons booking photographs on the internet pending the determination of this case," she said.

Petitioner Henry Shitanda, a Nairobi resident, argued that posting the suspects’ pictures on social media before they are charged is against the law.

He said posting booking photos on the Internet is humiliating and embarrassing to suspects or accused persons.

Mr Shitanda said it is an infringement on their privacy, conveys a strong connotation that the suspects are guilty even before trial.

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

The judge certified the case as urgent and set the hearing date on March 5.

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