Police bungling an easy case

Ngumbao Kiponda was abducted and robbed by people known to him. But the suspects roam freely after the case was withdrawn due to contradictions, writes ISAIAH LUCHELI

Joseph Ngumbao Kiponda is a bitter man.

He is disappointed with the police and Office of Public Prosecution for denying him justice in a case where he was kidnapped, beaten and violently robbed.

To make matters worse, Kiponda is now living in fear as the three suspects who allegedly abducted and violently robbed him are roaming freely as if nothing can be done to them.

He says his life is in danger for pursuing the matter after the suspects were locked up and then released in unclear circumstances.

To add to his misery, he was arrested and locked up for complaining about the incident.

The three suspects were charged on April 29 at Malindi law courts for assaulting him.

But the case was withdrawn despite overwhelming evidence and witnesses  ready to testify.

The irony of the case is that the Malindi Senior Principal Prosecution Counsel A O Kemo who had instructed the Watamu Officer Commanding Police Station to arrest and prosecute the suspects, later ordered for the withdrawal of the case.

Genesis

It all started on February 2 in Watamu, Malindi County, as Kiponda was having lunch with a friend.

“Three men entered the hotel and locked the main door before attacking me. It seemed I was the target because my friend was not harmed,” he said.

They beat him up senselessly before forcing him into a vehicle they had commandeered to the hotel and sped off towards the beach.

Kiponda explains that things would have been different were it not for Watamu police officers manning a roadblock who pursued the suspects after they refused to stop on being flagged down.

“I had regained consciousness by the time we approached the roadblock. The police officer tried to stop the vehicle but the driver accelerated instead. The police gave chase,” he recalls.

Kiponda who visited The Standard offices in Nairobi explained that the action by the police saved his life but expressed concern over the handling of the case.

“The police did overtake the vehicle and cocked their guns forcing the driver to stop. I sustained serious injuries on the head and lost my two phones from the beating,” he said.

His efforts to have the trio charged were thwarted by police officers, which forced him to write to the Coast Provincial Police Officer and the State Law Office.

Two months after the incident and complaint, state counsel Kemo directed the District Criminal Investigation Officer (DCIO) to have the three suspects arraigned in court.

The suspects were arrested and charged for assault but a month later, the same state counsel ordered the case be withdrawn.

Among the questions Kiponda is asking is why the prosecutor ordered for the withdrawal of the case.

Key facts

The other issues nagging Kiponda is the conflicting OB numbers, disappearance of the covering report by investigating officer Constable Makewa and the purported collection of his phones.

When contacted, the counsel conceded that the case had been withdrawn due to conflicting information but explained he had recommended police to restart the case.

“I am aware of the case and some of the conflicting information range from the dates of the incident, the Occurrence Book numbers which are inconsistent and some of key witnesses had not recorded statements,” he explained.

Only Kiponda and the suspects recorded statements. Hotel workers and his friend who witnessed the attack were never asked to record statements despite being key witnesses.

Kiponda says he had not collected mobile phones that were stolen from him although according to police, somebody had signed for them.

He further explained that police recorded the offence as assault by unknown person, which is a lesser offence than abduction and violent robbery.

Kemo explained that he wanted the police to verify who collected Kiponda’s mobile phones, get more witnesses and investigate the abduction claims.

“The withdrawal of the case is not termination. I recommended to the police to address the anomalies and then the case would be filed properly,” he said.

The Officer Commanding Watamu Police station Joel Rotich requested for the withdrawal of the assault case.

When The Underworld contacted the OCS, he declined to comment.

The Malindi Divisional Criminal Investigation Officer (DCIO) Salim Juma confirmed that Kiponda complained over the withdrawal of the case and the anomalies that hampered its progress.

The DCIO explained that the police instituted investigations into the anomalies cited, including the disappearance of some of the documents in the file with a view of reconstructing the case.

Kiponda says the case was sabotaged, as there were two conflicting OB numbers while another OB indicated he had taken his phones, which were in police custody but he had not.

So why did police bungle a straight case where suspects and evidence were clearly known?

Kiponda is appealing for justice noting that there was a deliberate attempt to sabotage the case so the suspects don’t face prosecution.