The accused officers Police Constable Shem Maragia and Sdt Salim Kautu when appeared before a Machakos Law Court. [Courtesy]
Two police officers accused of aiding an OCS plant rolls of cannabis Sativa and preferred false criminal charges against a boda boda rider have been released on a Sh20,000 bail each or an alternative bond of Sh50,000.
The two, Sgt Salim Kautu and Police Constable Shem Maragia were today arraigned before a Chief Magistrate Court in Machakos and charged with the offence of abuse office.
The court heard that the two aided former OCS Mukuyuni police station, Chief Inspector Henry Mutunga to plant rolls of cannabis Sativa and preferred false criminal charges against Joseph Kioko Mutuku, a boda boda rider within Kilala shopping Centre of Makueni County.
In police reports seen by The Standard, Justice Mwaniki, a Chief Magistrate at Makueni Law Courts found Matunga guilty for abuse office and bribery charges levelled against him by the State through the Internal Affairs Unit of the National Police Service.
As a result, on September 30, 2021, the OCS was sentenced to two years imprisonment with an alternative fine of Sh200,000.
The National Police Service Internal Affairs Unit went ahead and suspended the OCS (Matunga) from duty awaiting dismissal approval from the National Police Service Commission.
“However, during the judgement, the trial Magistrate directed that three Officers who were adversely mentioned during the proceedings be arrested and charged with abuse of office,” the IAU said in its report.
The department said witnesses who were presented in the court all confirmed that the OCS was aided by the said officers to implicate the boda boda rider.
“Following, the directive by the Chief Magistrate court, Internal Affairs Unit summoned the three officers to appear at the Unit Headquarters on September 8, 2021, and on arrival two officers were arrested and taken to Capitol Hill Police Station where they were processed and later released on Police cash bail of 10,000 each to appear before Makueni Law Courts for plea taking on December 2, 2021,” the court was told.
According to IAU, on the said date the trial Magistrate gave further directives and transferred the case to Machakos Law Courts.
“While issuing directives in his chambers, Justice Mwaniki said that he had already heard the facts of the first case and delivered judgement, therefore he reasoned that it could only be wise if the matter is heard in another jurisdiction by another Magistrate for the sake of fair trial,” the IAU said.
It was in view of the above understanding that the ODPP Makueni transferred Internal Affairs Unit relevant file to their counterpart in Machakos for further appropriate action.
Although the matter was then mentioned for the first time at Machakos Law Courts on December 3, the accused officers did not take the plea.
They were instead remanded at Machakos Police Station till today to allow both the Prosecution and the court to familiarise themselves with the case.
The officers pleaded not guilty and the case will be mentioned on December 14, 2021, before the same court.
Source: The Standard Media Kenya