Ombudsman accuses police of withholding statement

By Isaiah Lucheli

The Commission on Administrative Justice has written to the Nairobi Provincial Police Officer (PPO) Peter Muinde over withholding of complainants statements.

The chairman of the commission Otiende Amollo, has written to the PPO to furnish John Maina Njenga and three other people who received death threats copies of the statements that they had recorded with the police over one year ago.

The four people through their lawyer Paul Muite had written to the commission protesting over frustration in getting copies of the statements they had recorded with the police, which had frustrated their efforts to get justice in the courts.

Muite explained that at the commencement of the recording of the statements, it had been agreed that his clients would be supplied with the copies of the statements but they were later denied. 

The lawyer added that on December 15 last year he wrote to the director of Public Prosecution (DPP) complaining of the frustration they had undergone in securing the copies of the statement. 

“On January 19 the DPP wrote to the commission of police and instructed that the statements be duly supplied but the police have refused or neglected to comply with the directive,” Muite stated in the complaint to the commission.

The Ombudsman has asked the PPO to release the statements failure to which it would lead to a formal inquiry or investigation into the matter or sanctioning by the court to search the police offices.

Amollo added that failure to comply on the part of the police could also lead to declaration against the PPO of failing in leadership and integrity or compensation of the complainants.

The other actions that can be taken against the PPO is an immediate statement of ineligibility leading to the removal of office in public interest or declaration of non compliance with performance contracting indicators. 

The letter is copied to the police commissioner.