:“Considering the circumstances of the case and the law, the DPP agrees with your recommendation that the suspect be charged with the offence of rape contrary to Section 3(1) of the Sexual Offences Act. In the alternative the suspect be charged with of the Indecent Act with an adult contrary to section 11 of sexual offences Act.”Office of the Director of Public Prosecutions
A police Constable is scheduled to appear in court today in connection with a rape incident at Sega police post, Siaya County.
Investigations by the Independent Policing Oversight Authority revealed that a woman was raped at gunpoint, inside a holding cell where she was being detained following an on accusations of not wearing a face mask.
The incident happened on April 12, 2021, when the country was reeling from the shocks of Covid-19 pandemic, and the Government had imposed control measures against the spread of the disease, including compulsory wearing of masks.
The woman was later freed and after seeking treatment at Ukwala Sub-County hospital she reported the beastly attack at Ukwala police station.
On the strength of our investigation, it was recommended to the Office of the Director of Public Prosecutions that Police Constable Cosmas Chirchir be charged with the sexual offence.
After independently reviewing the case file, the ODPP concurred there was sufficient evidence to sustain a trial in court and directed that the officer, be charged with rape and abuse of office.
A letter to the Authority said: “The DPP has comprehensively reviewed the evidence submitted in the case file and considered your recommendations. It is evident that the victim, arrested by police officers from Sega police station, while in police custody she was raped by a person she identified.”
It added: “Considering the circumstances of the case and the law, the DPP agrees with your recommendation that the suspect be charged with the offence of rape contrary to Section 3(1) of the Sexual Offences Act. In the alternative the suspect be charged with of the Indecent Act with an adult contrary to section 11 of sexual offences Act.”
“Additionally, in the view of the fact that the suspect was in a position of authority, which he abused by acting in the manner that he did, I do further agree that the officer be charged with the offence of Abuse of Office contrary to Section 24(2) of the Sexual Offences Act,” the ODPP further wrote.
Yesterday, Tuesday, June 14, 2022, Police Constable Chirchir was placed in lawful custody in connection with the incident.
Today, Wednesday, June 15, 2022, he is scheduled for arraignment at Ukwala law courts to take plea for both charges.
In a statement to the press, IPOA Chairperson Anne Makori noted: “Offences against the person are taken very seriously by the Authority. They leave physical and emotional wounds long after the ugly incidents occur. The Authority has therefore, invested a lot of resources to ensure complaints into sexual offences are responded to within the stipulated timelines.”