IPOA files assault case against MPs bodyguard, police inspector

The Independent Policing Oversight Authority (IPOA) has filed an assault case against two bodyguards attached to Kapseret Member of Parliament Oscar Sudi.

In a report by IPOA, MP Sudi’s bodyguard PC Emmanuel Kebenei Kipyego, an administration police officer, and his driver Yusuf Kimoi are accused of assaulting Said Ahmed on March 17, 2015 along Kingara-Riara road.

“This is after the Director of Public Prosecutions concurred with the Authority’s recommendations upon conclusion of investigations into allegations of assault causing actual bodily harm against Mr Said Ahmed,” read the report.

“Arising from the investigations conducted, the Authority was of the opinion that there was sufficient evidence that the act of violence meted upon Mr Said Ahmed by the police officer was unwarranted and amounted to the offence of assault causing actual bodily harm”

IPOA stated that they forwarded a file of their investigations to the DPP Tobiko with recommendations that PC Emmanuel Kebenei Kipyego be charged with the offence of assault causing actual bodily harm/.

“The DPP concurred with the Authority’s recommendations and the officer shall in due course be arraigned before a court of law for the said offence.”

“With regard to the second suspect (Mr Kimoi Yusuf), who is the MP’s driver but a civilian, the DPP concurred with the Authority’s recommendation that he be investigated separately by the DCI.”

This case highlights IPOA’s concerns on Police Officers who continue to mete out violence on members of the public in gross violation of their constitutional entitlements.

IPOA also said it had filed a case against Inspector Zuhura Khan at Milimani Law Courts in Nairobi after Tobiko concurred with its recommendations that he be charged for allegedly mistreating a 19-year-old girl and denying her medical treatment while held in custody at Industrial Area Police Station.

“The woman was physically and sexually assaulted by her female employer after a disagreement over money that resulted in serious injuries. She was arrested and detained at Akila Police Post and later transferred to Industrial Area Police Station.”

“IPOA established that whilst in Police custody, she was not given any medical attention despite an order of the Court directing that she be taken to the Hospital for treatment for her obvious injuries.”

The Authority stated that investigation revealed that the victim was taken to Akila Police Post on February 15 by the employer’s husband on allegations of stealing household items. She was detained at the post for two days and moved to Industrial Area Police station February 17 before being arraigned at the Makadara Law Courts the following day.

The Magistrate gave orders that she be remanded back at Industrial Area Police Station so that she can be taken to hospital to receive medical attention and that her employer be arrested and investigated for allegedly mistreating her.

Despite the Court order, the woman was taken back to Industrial Area Police Station on the 18th of February 2015 and despite informing Inspector Zuhura of her injuries, she was not taken to hospital for a period of five days while held in custody.”

The DPP also concurred with IPOA’s recommendation that the National Police Service Commission takes disciplinary action against three other Police officers based at the same station for being negligent in the performance of their duties by failing to accord the woman medical attention.