PART IV – Offence
Section 31 Offences and Penalties
(1) A person or a body who
(a) disobeys a summons by the Authority;
…commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or imprisonment not exceeding three years or to both.
Eight police officers are set to be arraigned for various offences following completion of investigations by the Independent Policing Oversight Authority (IPOA).
In Migori, the court issued summonses against four police officers and directed the County Commander to ensure they appear in court on June 7, 2022.
The officers are charged with murder following the death of Mr. Daniel Weisiko Moi who succumbed to injuries he sustained during a police operation to recover stolen livestock at Nyabukarange village, Kuria West District on January 26, 2016.
They are senior sergeant Ayub Mavovu Ndakwa, Corporal Stanley Some Kisicho, as well as Administration Police Constables Martin Cheruiyot and David Maweu.
The same court issued two other summonses against Corporal Nicholas Gibiti Mendo and Constable Edmond Maina.
They are charged with assault after investigations by IPOA established that Mr. Thomas Monanka Mwita was injured in his chest and private parts, injuries that were inflicted by gun butts and kicks.
The incident happened at Kehancha township, on Kehancha – Migori Road on June 5, 2019.
The Constable faces an extra charge; disobeying summons issued by IPOA.
Offences and Penalties
Section 31 of the IPOA Act reads in part; “A person or body who disobeys a summons by the Authority…commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment not exceeding three years or to both.”
They are expected to appear in court and plead to the charges on June 9, 2022.
In Kisii, the Office of Director of Public Prosecutions (ODPP) has directed the County Police Commander to present Police Constable Vincent Cheruiyot Langat within fourteen (14) days, at the local law court, where he is facing a murder charge.
The directive was given on May, 24, 2022.
IPOA launched this investigation following the death of Mr. Charles Onditi Omwancha at Kisii Teaching and Referral Hospital, where the patient was being treated for injuries he sustained at Club 23 located in Ramasha Trading Centre.
In Homa Bay, the ODPP has directed the area Police Commander to ensure Corporal Phaminus Kariuki is in court on June 7, 2022, to answer to a murder charge.
Decision to charge
It follows the Authority’s investigation into the shooting to death of Mr Samuel Odongo Lusion on July 21, 2015.
During the incident, officers from Rangwe Police Station had descended on Andu village in an operation targeting makers of the outlawed alcoholic drink, changáa.
All the cases were registered in court on orders of the ODPP, which independently reviewed the investigation files and concurred with IPOA’s findings and recommendations, including that the evidence unearthed is sufficient to sustain criminal prosecutions in court.