John Khaminwa calls for reconstruction of dilapidated police cells

Renowned veteran human rights lawyer John Khaminwa has called on Parliament to establish a commission to formulate recommendations for the reconstruction of police stations across the country.

Khaminwa’s appeal comes in the wake of his defence of 73 protestors who were arrested during the recent Saba Saba protests.

Khaminwa highlighted the deplorable and despicable conditions of police cells in Kenya, emphasizing the urgent need for reconstruction.

“When l visited the suspects in police cells they were detained in one small room about 50 of them in the current COVID-19 pandemic,” Khaminwa stated after the Office of the Director of Public Prosecution ordered the release of his 73 clients.

Khaminwa, a highly experienced lawyer, expressed his utter shock at the appalling conditions he witnessed during his recent visit to the Central Police Station cells.

The veteran was taken aback to see smartly dressed suspects resorting to peeing in a corner of the cells and answering calls of nature openly.

To his disbelief, he observed that the individuals were also breaking their night fast within the same deplorable environment.

“It is unthinkable and unheard of for respected Kenyans to be held in such demeaning conditions. I urge honourable Otiende Amollo and Dan Maanzo to move a bill in Parliament for the establishment of a commission to look into the condition of all police stations countrywide with a view to construct modern holding facilities with social amenities,” Khaminwa said.

The lawyer also urged Milimani Chief Magistrate Lucas Onyina whose court is served by the majority police station within Nairobi county to address the issue administratively to ensure that the rights of suspects are upheld.

John Khaminwa on Mutunga attack

Khaminwa also condemned the actions of police attacking Chief Justice Willy Mutunga, Azimio coalition lawyers and human rights activists on Saturday.

Mutunga had gone to the Central Police Station to secure the release of the 73 demonstrators. He said that the police actions are barbaric and unacceptable in the current constitutional dispensation.

“We condemned with no uncertain terms the attack on retired Chief Justice Mutunga by police when he went to see the arrested demonstrators in custody,” said the senior counsel.

On Saturday, Central Police Station officers lobbed teargas canisters at the former Chief Justice and Azimio lawyers forcing them to scamper for safety.

At the same time, other defence lawyers Otiende Amollo, Dan Maanzo and Harun Ndubi also blamed the police for arresting and detaining the demonstrators when they were exercising their constitutional rights.

The 73 were protesting against the high cost of living and the impugned Finance Act, 2023, on Friday, July 7, 2023.

According to Amollo, the demonstrators were improperly arrested.

“The tendency by police to be misused by the Presidency to arrest and teargas people for no reason is not acceptable,” Amollo said.

Amollo stated that the police are expected to be independent and not misused by the Presidency.

“It is becoming clear that the police are going back to being used and taking instructions on how to arrest people. There was no reason to detain these people, many of whom were caught unaware. Some were extracted from their place of work, some were walking to their place of work or from work. They were simply arrested and detained without proper food, sanitation for over two days,” the MP stated

The remarks by the lawyers came after the Office of the Director of Public Prosecutions stated that it will not be filing charges against 73 suspects arrested over Saba Saba demonstrations.

Prosecutor Anderson Gikunda informed the court that they will not press any charges against the suspects and had ordered the police to free them from the Milimani Law Courts basement cells.

The 73 protestors had been escorted into the court premises under very tight security at 8:45 am and held up in the Milimani Law Courts basement cells until 12:45 pm when the Prosecution communicated to the court that they will not be charged.

“I have received instructions from my boss that no charges will be preferred against the 73 suspects arrested over picketing on Friday. The same decision has been communicated to the Investigating officer in the matter,” Gikunda told the magistrate.

Immediately after the communique, the lawyers demanded the prosecutor himself to proceed to the court cells and ensure the suspects are freed.