Listen to This Article Enhance your reading experience by listening to this article.

Whether the arrest of veteran journalist Macharia Gaitho was a case of mistaken identity or a botched one, concerns have now been raised about the rampant and humiliating manner in which Directorate of Criminal Investigations (DCI) have been arresting and abducting perceived government critics.

The Independent Policing Oversight Oversight Authority (IPOA) suggested that there could be a specific unit, deployed alongside regular officers, whose task is to clamp down on individuals perceived to be critical of President William Ruto’s government, particularly those associated with the ongoing countrywide protests.

Gaitho’s arrest comes just a day after Internal Security Principal Secretary Raymond Omollo directed that officers act within the law when arresting suspects.

“All arrests made in any part of the country are subject to the Criminal Procedure Code that spells out how arrests are executed, and detention and trial of suspects,” the PS said.

Extra-legal means

The same sentiments were also expressed last month by Foreign Affairs Principal Secretary Korir Sing’oei, when DCI officers arrested former Nandi Hills MP Alfred Keter when he left a church in Kileleshwa.

The way Keter was arrested was akin to adopting extra-legal means, Sing’oei said.

DCI boss Mohammed Amin yesterday apologised about Gaitho’s arrest, saying it was a clear case of mistaken identity.

Gaitho was abducted by unknown assailants at Karen Police Station in the company of his son while seeking refuge from unknown men who were trailing him in an unmarked car. A day earlier, police had shot and injured Mediamax Network TV reporter Catherine Wanjeri wa Kariuki as she reported on protests in Nakuru.

Following the recent attacks on journalists nationwide, Kenya Editors Guild president Zubeida Kananu issued a seven-day strike notice, warning that media practitioners will go to the streets if action will not have been taken against police officers who attacked journalists.

Gaitho yesterday said as he had left his home for Nairobi when he noticed people trailing him and decided to seek refuge at Karen Police Station.

“We drove right into the station, but those two cars followed us right inside and forced me into their car. I was handcuffed and assaulted,” Gaitho added.

’No mistaken identity’

In a viral video recorded by his son, Gaitho was captured being bundled into a white Toyota Probox by officers in civilian attire who were also being supported by officers in uniform.

Gaitho has maintained it was not a case of mistaken identity, noting that his recent reports, published in the Daily Nation, were critical of the State.

“I don’t believe I was mistaken for Francis Gaitho, as I am twice his age. Also, he doesn’t live where I live and doesn’t drive a car like mine. It is me they were trailing and looking for,” Gaitho stated.

“It is clear that all these things are connected that the police are operating outside the law to intimidate, arrest and harass innocent people. I think we were there during the struggle against the one-party dictatorship. If we resisted Moi, who are these ones?” he said.

In the last few months, at least 59 people have been arrested or abducted in similar circumstances.

Despite President Ruto’s promise that action would be taken against police officers implicated in the abductions during anti-government protests, sources have confided in People Daily the existence of a special unit at the DCI headquarters that is responsible for the abductions.

The unit, whose members are drawn from the National Intelligence Service and DCI and is headed by an officer in the rank of Chief Inspector of Police, is only answerable to two senior officers at the DCI headquarters.

“Officers in the unit are feared as they operate with great impunity and are only answerable to the two senior officers,” said an officer who is privy to the unit’s operations. 

“They seem to have express powers and permission to ruthlessly deal with individuals perceived to be critical of the government. Nobody knows what they do.”

Numerous complaints

In the case of former MP Keter, at least four police officers, some wearing masks to conceal their identity, were captured bundling Keter out of his vehicle just as he was leaving a church in Kileleshwa.

Keter was with his wife and children, who could be heard screaming from inside the family vehicle.

“There is a procedure for effecting an arrest. This is not one of them. We must resist the temptation to adopt extra0-legal means even in the pursuit of legitimate objectives,” PS Sing’oei said.

IPOA yesterday confirmed that it had received numerous complaints over unlawful arrests, abductions and killings of protesters in the last four weeks.

IPOA commissioner John Waiganjo said investigations had started but added that the agency was concerned about the unprecedented lack of cooperation from police commanders and other government agencies.

IPOA has also received complaints about abductions of people whose families have not been able to locate them as they are not in lawful custody.

Rogue commanders

Rogue police commanders have also frustrated the probes, especially in cases where IPOA detectives have to get certain documents that they need for their investigations.

“We have since seen a very hostile environment where our officers are sent to them, they are not given any information, they do not respond to summons,” Waiganjo explained.

IPOA has had to push the matters to the Judiciary to issue warrants of arrest, warning that if its agents do not get information from Nairobi Commander Adamson Bungei and acting Inspector General Douglas Kanja, they will issue warrants for their arrest.

It has also emerged that even officers in uniform have been concealing their identities by hiding their name tags and service numbers.

“We as an authority are suspecting that there is a specific unit that is being sent out there, apart from the ordinary deployment, to go and commit atrocities and that is why we get so frustrated when we don’t get information from the police commanders,” he Waiganjo said.