The Inspector General of Police has been sued for allegedly breaching the Constitution.
In papers filed in the High Court yesterday, lawyer Kipkoech Ngetich says on December 22 last year, he wrote to IG Joseph Boinnet demanding a list of all pre-qualified speed gun suppliers and the contractors who service the devices.
Mr Ngetich also requested a training manual for those authorised to handle the speed guns as well as a list of trained gun handlers. Mr Boinnet did not respond to the request.
“The petitioner’s right to fair administrative action and right to information as enshrined in the Constitution of Kenya 2010 was trampled at will and continues to be trampled at will by the respondents,” states Ngetich in the court documents.
“Unfortunately, the same continues to happen to other Kenyan citizens who are road users, on a daily basis.”
Boinnet has been named as the first respondent while the Transport and Infrastructure Development Cabinet secretary is the second respondent.
Others who have been sued are the National Transport and Safety Authority, Kenya National Highways Authority and the Attorney General.
Kericho Resident Magistrate Benjamin Limo last year acquitted Ngetich after he was charged with speeding.
The charges stated that at about 8am on October 13, 2016, along the Kericho-Nakuru highway, the accused being the driver of a motor vehicle Reg. No: KCF 347R Toyota Harrier, drove it at the speed of 114kph and excess speed of 14kph.
“I have read in detail the charge sheet and its particulars. The sections of the Traffic Act alleged to have been violated or exceeded are not in accord with the particulars stated thereunder. This information renders the charge sheet defective,” Mr Limo ruled.
“I shall in this regard reject and dismiss the charges before me and against the accused," he added.
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