Ruto man seeks to bar police from 'unlawful' detentions

 

A lawmaker allied to Deputy President William Ruto has sought to bar police from detaining persons arrested without a warrant of the court for over 24 hours.

Belgut MP Nelson Koech wants the Criminal Procedure Code amended to provide that the police can only detain beyond 24 hours suspects facing murder, treason, robbery with violence and attempted robbery charges.

The lawmaker wants the law changed to provide that an Officer Commanding Station (OCS) under whom a suspect is in custody be released on bond if there is a chance the person may not be taken to court within the specified period.

“The officer in charge of the police station to which the person has been brought shall in case, if it does not appear practicable to bring that person before an appropriate court within 24 hours after the person has been so taken into custody, inquire into the case and release the person on his executing a bond to appear before a subordinate court at a time and place to be named in the bond,” the bill reads.

Koech says the bill is to make provision for mandatory execution of bond for other offences by persons arrested without a warrant.

“The current provision makes it discretionary for officers to issue bond and which discretion is subject to abuse,” the MP argues.

In the current law, police have leeway to detain a suspect and only bring them to court 'as soon as practicable’.

Koech’s move ostensibly arises from the recent events where Ruto men have been detained for days by police in calls for further investigations.

Tangatanga backers have lamented the misuse of the police by their rivals to settle political scores, among them detention for trumped-up charges. 

Former Nairobi Governor Mike Sonko was the latest to be detained for days by police on charges of terrorism. He was released on Tuesday on Sh300,000 bond.

Kapseret MP Oscar Sudi was also detained for days in September to pave the way for investigation on five offences ranging from hate speech to resisting arrest.

Shortly before that, his Emurua Dikirr counterpart Johana Ng'eno was detained for days following his arrest for using abusive language during a gathering in Trans Mara. It was the third time the MP had been held under similar circumstances.