The High Court has issued orders barring the Inspector of General Police and Director of Criminal Investigations (DCI) from posting photos of suspects on social media platforms.

According to an article done by Citizen Digital, 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 claims 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.

The orders were issued on Friday, December 7 by High Court judge Wilfrida Okwany, who certified the matter as urgent.

“That a conservatory order 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.

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

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