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Police cannot enter car, house without warrants – Lawyer Donald Kipkorir

Tuesday, June 4th, 2024 10:07 | By
City Lawyer Donald Kipkorir. PHOTO/@DonaldBKipkorir/X
City Lawyer Donald Kipkorir. PHOTO/@DonaldBKipkorir/X

Popular city Lawyer Donald Kipkorir has informed Kenyans on the best practices that Kenyan police should follow by law if they wish to access anyone's private property.

Sharing on his X account, Donald's recent statement reinforced the legal protection that Kenyans have against unwarranted intrusions by police officers.

Police warrants

According to Kipkorir, police officers are required to have court warrants before entering a person's house or car. He emphasized that the Kenyan constitution safeguards citizens from all forms of trespass and that police should never force their way.

“By law, Police cannot enter your house or car without Court Warrants … Police cannot and should not force their way into your house or car without the warrants and in your absence, with your permission. Be enlightened,” Kipkorir said.

Kipkorir's statement comes only a few days after a driver, Ian Njoroge, was charged with assaulting a police officer, a case that has caused so much controversy on the internet. 

City Lawyer Donald Kipkorir. PHOTO/@DonaldBKipkorir/X
City Lawyer Donald Kipkorir. PHOTO/@DonaldBKipkorir/X

In the wake of the incident, Kipkorir was prompted to highlight the need for warrants for police entry, to emphasize the importance of respecting privacy, and to state that the Constitution always reigns supreme.

“All in all, the Constitution protects your private property (house, vehicles, yachts et.al) from any kind of trespass unless there is an ongoing crime being committed … The Constitution is supreme,” Donald added.

Additionally, Donald added that assaulting a police officer in uniform was contrary to the law.

“Assaulting a Police Officer in uniform flies against every law, custom & tradition. It is a no-go zone,” Donald stated.

Ian Njoroge’s Incident

As part of an operation led by the Nairobi area DCI, Ian Njoroge, who assaulted and injured a traffic policeman in Mirema on Sunday, June 2, 2024, was arrested at his home in the Jacaranda area of Kayole. 

Njoroge has been a topic of discussion after a video of him circulated causing mixed reactions among netizens. 

The video shows the nineteen-year-old Ian Njoroge engaging in a physical altercation with a traffic officer, a scene that has raised concerns about the interaction between police officers and civilians on Kenyan roads.

Upon arrest and questioning, Njoroge said he was acting out of frustration alleging that the police officer was asking for a heavy bribe.

"I was just angry. We did not understand each other because he wanted a lot of money which I could not get," Njoroge said. 

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