“The Authority, by issuing summonses gives officers an opportunity to explain their deeds. However, some have gone ahead to disregard summons. Doing so will not keep our investigations in limbo, it will only attract extra charges and it is important for all officers to understand this.”IPOA Chairperson, Mrs. Anne Makori
Four police officers are expected at the Bondo law courts today, Wednesday June 15, 2022, to face various charges including assault and disobeying lawful summons.
This follows an investigation by the Independent Policing Oversight Authority following an incident in which Mr. Samuel Odongo Okwero, was inflicted with injuries after a routine police stop at Usenge Township, Siaya County on December 7, 2016.
He was riding a motorcycle, with his wife as the pillion passenger when four police officers from Usenge Rural Border Patrol Unit, flagged him down.
A case file containing findings of the investigation was forwarded to the Office of the Director of Public Prosecutions with recommendations to charge the officers.
On directions of the ODPP, after independently reviewing the file, Constables Sammy Kirui of Kamagambo police station and Nicholas Ndalo of Ukwala Police station are scheduled to be charged with “assault, causing actual bodily harm.”
Further, the former is to be joined in the dock by Constables Felix Maobi of Isebania police station and Daniel Kimori of Uriri police station; they face an extra charge – disobeying summons by the Authority contrary to section 31 (1) (a) of IPOA Act.
ODPP further directed that an identification parade be conducted, with the aim of identifying two other officers who may have been involved in the assault.
“From the evidence in the file therein, a rider was riding his motorcycle within Usenge Town with his wife as a pillion passenger. He was flagged down by four officers, two of whom he was able to positively identify…the four officers descended on him, beating him, causing him serious injuries. The P3 form confirmed the same injuries,” the ODDP stated in a consent letter.
It continued: “The police officers used excessive force with no legitimate reason as he did not pose a threat to the officers. Upon perusal and consideration of all evidence contained therein, we concur with the findings that the two be charged with the offence of assault contrary to section 251 of the penal code. There is also sufficient evidence to charge the three with the offence of disobeying orders by IPOA contrary to section 31, 1 (a) of IPOA Act”
The letter concluded: “Further, the investigating officer should obtain the duty roster and conduct an investigation parade for to identify E2 and E4.”
E2 and E4 are identification codes for the officers suspected to have injured Mr. Okwero.
In a statement to the media, IPOA Chairperson Anne Makori said: “The Authority, by issuing summonses gives officers an opportunity to explain their deeds. However, some have gone ahead to disregard summons. Doing so will not keep our investigations in limbo, it will only attract extra charges and it is important for all officers to understand this.”