When police break law, shift blame

Despite the tremendous reforms the police service has undergone, oversight and human rights bodies say some officers still plant evidence and file trumped-up charges against members of the public.

But the extent of the menace cannot be established as most victims, especially foreigners, suffer in silence and opt to pay hefty bribes. A matter currently under investigation details how a watchman riding to work was detained at Kamukunji Police Station for over six hours as officers negotiated with relatives to pay Sh25,000 allegedly for a stolen phone. After the family failed to raise the cash, he was the following day charged with robbery at Makadara courts.

However, on May 4, Makadara Senior Resident Magistrate acquitted him (Paul Otieno Oganyo) of robbery charges, citing lack of evidence.

Police uniform

He had been accused of robbing a police officer of his bag containing a police uniform and phone among other items.

The acquittal of the former guard with Bob Morgan (BM) Security has raised concern over rampant cases of trumped-up charges by police.

The complainant, a constable at Kamukunji Police Station, reported that on July 22, 2021, at around 5.40am on Kasarani-Racecourse Road, Nairobi, he was robbed of a bag containing the stated items. The phone cost Sh15,000.

In his statement, he said he saw a man on a bicycle wearing clothes similar to those the thief wore. The guard, who was dismissed from work the following day, was riding from his Baba Dogo residence to Parklands that morning. 

When he reached Utalii Hotel, he saw a bag on the lane and stopped. Immediately, a man emerged and claimed he had been robbed of the bag. 

The guard said he was innocent and challenged them to take him to the nearest station. The man, a police officer, instead took him to far-away Kamukunji Police Station where he was based, by-passing Muthaiga and Pangani stations.

During the hearing, the officer agreed that the nearest police station was Muthaiga, and that they also by-passed Pangani station. But he denied he had broken police standing orders, saying the alleged offence occurred on a highway.

At the station, officers demanded a new phone and never booked the suspect in custody. 

The officer wanted money for a phone and even referred the suspect’s relatives to a particular dealer. For over seven hours when the guard was at office number 7, all the officers insisted on was money. 

At around noon, the matter was brought to the attention of the station commander and at about 1pm, the guard was put in the cells. The following day, he was charged with robbery.

National Police Service spokesman Bruno Shioso says most officers are professional but there are a few bad apples.

“I find that there is insufficient evidence to support the charge of robbery against the accused,” the magistrate said.