The famous mug shots of suspected criminals will no longer be posted online after the High Court issued orders stopping the Inspector General of Police and the Director of Criminal Investigations (DCI) from posting the photos online pending the hearing and determination of a case filed in court.
A gang of four that has been waylaying people coming from banks & robbing them of their hard earned cash & other valuables were early today arrested in Kajiado County.
Look at them keenly. If you’re a victim, kindly make a report at your nearest Police Station or @DCI_Kenya HQs. pic.twitter.com/zp91LfSTV3
— DCI KENYA (@DCI_Kenya) December 6, 2018
@DCI_Kenya Detectives working on information from the members of the public yesterday arrested Mr. Peter Nyabogoye Kaunda, a 25-year-old man, found making @kdfinfo documents without Authority. The suspect was nabbed at the Sir Yusuf Club within the Central Business District. pic.twitter.com/pWVgeKTVCY
— DCI KENYA (@DCI_Kenya) December 8, 2018
This follows a petition that was filed by a Nairobi resident, Henry Shitanda, who claims that posting of suspects’ images on social media before they are charged in court not sanctioned in law, therefore, is unconstitutional.
The petitioner further argues that sharing of the images online not only humiliates the suspects but also infringes on the accused persons’ 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.
DCI and The National Police Service have been sharing photos of suspects holding mugshots online mostly at times to warn the public of the character of the persons in question.
Shitanda avers that posting of the photos is unconstitutional.
The matter is set to be mentioned on March 5, 2019.
Inspectorof General Police Joseph Boinett and DCI boss George Kinoti have been named as respondents in the case.
He avers that if 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.
“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 restraining said orders were issued on Friday, December 7 by High Court judge Wilfrida Okwany, who certified the matter as urgent.
“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.