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Kayole OCPD accused of harassing graft probe official

By Cyrus Ombati | August 3rd 2016 at 00:00:00 GMT +0300

Independent Policing Oversight Authority CEO Joel Mabonga. IPOA has accused Kayole OCPD Ali Nuno of detaining one of their officers who was investigating him over misconduct claims. (PHOTO: COURTESY)

The Independent Policing Oversight Authority has accused Kayole OCPD Ali Nuno of detaining one of their officers who was investigating him over misconduct claims.

The authority has protested and accused Nuno of detaining their investigator Humphrey Kaunya and later framed him with charges of causing disturbance.

CEO Joel Mabonga said Nuno assaulted Kaunya and threatened him with a gun in the Monday afternoon drama before he was locked up in cells.

Kaunya was in company of another officer from IPOA and had gone to the station to serve Nuno with summonses over four accusations that they are investigating against him.
Nuno has apparently ignored two other invitations by the authority over the same matter.

“After reading the summoning letter, he declined to receive it and orders the IPOA officers to get out of his office. The IPOA officers then left the summons on the officer’s table and while proceeding to leave, the OCPD pursued and grabbed one of the IPOA officers.”

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“He assaulted him and threatened him with his official firearm. The OCPD caused him to be detained in police cells,” said Mabonga in a statement.

It took the intervention of the Office of the Directorate of Public Prosecution to have the officer freed from the cells later in the evening. Police had planned to charge Kaunya with charges of disorderly conduct in a police building.

The ODPP has since directed that no charges should be filed against the IPOA officer until he peruses the inquiry file and directs otherwise.

But Nairobi police boss Japheth Koome said the IPOA official had caused fracas at the station that warranted the arrest.
“The incident was witnessed by several members of the public and an inquiry file has since been opened,” said Koome.

IPOA said the incident at the station gives an indication of an emerging pattern of concerted efforts from the highest office in the National Police Service to frustrate its officials from working and realization of transformation of the service.

The incident was a culmination of four complaints lodged against the OCPD, with IPOA and which are under investigation.

According to IPOA the first complaint was about corruption claims against the OCPD in which 20 officers attached there had claimed they did not receive their allowances that they were entitled during the visit by US President Barack Obama.

“Witnesses have recorded statements but the OCPD has refused to honor summons and instructed officers under his command not to cooperate with the Authority,” said the statement.

The second accusation is on claims of misappropriation of cash bail funds by former OCS at Soweto police station. It is alleged that the former OCS misappropriated the cash bail money in his charge and the OCPD has refused to take action to ensure accountability and repatriation of the funds.

IPOA says when a probe was launched on the issue, Koome sent his officers to Kayole and took all the cash bail records.
The third accusation against the OCPD is on abuse of office in a case where he is alleged to have instructed his juniors at the Kamulu police station not to cooperate with IPOA in any way over a probe.
“Consequently, based on the lack of cooperation, IPOA instituted a non-compliance investigation as per Section 31 of the IPOA Act against the OCPD.”
IPOA says Nuno had also in March 2016 obstructed its officers from inspecting and ascertaining the state of detention facilities and police premises as provided under the law.
Further IPOA is investigating claims of illegal arrests and detention without records in the OB of suspects as per the law, claims of extortion of up to Sh10,000 from upcoming musicians, non-responsive and inefficiencies of the OCPD and complaints from law firms on their clients being detained at the station beyond 24 hours without being presented in court.
The authority also claims Nuno assaulted detainees in the cells.
Koome denied confiscating the cash bail records as claimed by the IPOA and added all the issues being claimed are under investigation.
IPOA has been complaining of being frustrated in its mandates by the police authorities.

Independent Policing Oversight Authority (IPOA) police brutality Joel Mabonga
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