Confusion over Joseph Boinnet order on uniforms

Can the police arrest and prosecute you for wearing clothes that resemble military or police uniforms?

This is the dilemma for police officers trying to execute an order by Inspector-General of Police Joseph Boinnet last month to arrest anyone found donning such clothes.

The clothes are fashionable among young people, who buy them from second-hand traders. Several celebrities also wear them. But police have raised concern over the use of the clothes by criminals who pose as police or military personnel during robberies.

EMBLEM OR INSIGNIA

“Our attention has been drawn to the growing tendency by some persons to don attire resembling police or military uniforms, which is creating confusion among the public as to who is a genuine member of any of our security agencies. The Inspector-General has, therefore, issued instructions to all police officers to arrest and charge in court anyone found wearing such attire,” a statement from the National Police Service (NPS) said.

In trying to execute the IG’s orders, the police have realised that there is no legal backing for it.

While the law prohibits wearing clothes resembling police and military uniforms, it does not specify what these uniforms look like in terms of design and colour patterns.

This has led legal experts to conclude that the execution of the IG’s order would be based on the assumption of what police and military uniforms look like.

“Without any official emblem or insignia attached to the attire, it is clothing like any other. They will have to prove that the design legally belongs specifically to the police or military,” lawyer Wahome Gikonyo told the Nation.

Ideally, police uniforms should come with specific insignia and emblems that identify the different units. But this does not apply to the jungle (combat) jackets.

A spot check by the Nation found that the jackets, popularly known as “combat”, are still being sold, and police sources admitted that they cannot prosecute those selling or wearing them.

Police officers who requested anonymity said their biggest challenge is proving that the designs and colour patterns of the clothes belong to any military unit locally, or even internationally. This is because even local police and military uniforms are not legally protected with regard to design and colour patterns. So they just issue warnings to those found wearing them. 

MAJOR HURDLE

Things get even more complicated when the clothes resemble military uniforms but not those used by any Kenyan unit. They could have been used by a foreign army, but finding the specific unit is difficult.

Lawyers and police officers suggest that the NPS and KDF gazette the designs and colour patterns of their uniforms.

“It is time to change the law to strengthen it. The intention of the order is right and in good faith, but without a law to properly back it, enforcing it will be complicated,” Mr Gikonyo said.

Queries for comment sent to the NPS were not unanswered.

 It is even more complicated with attire that resembles military uniform not used by any Kenyan unit in Kenya. Usually, the clothes are imported and might have been used by a foreign army but putting a finger on the specific unit is a major hurdle

The IG ordered all police officers to arrest civilians found wearing clothes that resemble police or military attire, but it seems there is no legal backing to expedite this order.

 “How can we prosecute someone when there is no legal proof that the attire is specifically meant for the police or military. The combat uniforms are not gazetted anywhere, so it is hard to prove they actually belong to the police or military,” an officer told the Nation.