Policemen ‘who robbed’ woman still on duty

Businesswoman Christine Kajuju Mwiti who lost Sh400,000 when she was arrested by Flying Squad officers. [PHOTO: BONIFACE THUKU/STANDARD]

By STANDARD REPORTER

Kenya: Four Flying Squad officers accused of arresting a businesswoman at gun-point and robbing her of Sh400,000 are still carrying on with their duties despite an inquiry team recommending that they be charged.

Despite the recommendation which was forwarded to Nakuru County CID Commander Scavier Mbogo, no action has been taken against the officers.

A confidential report forwarded to Directorate of Criminal Investigations, which The Standard is in possession of, recommends that Cpl Kazungu Ngumbao (67972), police constables Nicholas Kirongo (63134), Yagan Kipsang (77273) and James Rotich (59608) be charged with robbery with violence and unlawful confinement.

The four officers accosted Christine Kajuju Mwiti, who operates a wines and spirits business in South and North Rift, on March 2 at around 10.30pm shortly after she closed her shop at Section 58 in the full glare of the public and bundled her into their saloon car, ignoring her pleas that she be allowed to pick her money. She had placed the cash under the mat of her vehicle.

“The officers whose main duty is to maintain law and order, safeguard life and property deliberately, intentionally and unlawfully robbed the businesswoman Sh400,000 as she wailed and cried helplessly. This office recommends that the flying squad officers involved be charged with the following offences; robbery with violence contrary to section 295 as read with 296(2) of the penal code and unlawful confinement contrary to section 263 of the penal code,” reads part of the report.

To confuse members of public who witnessed the incident, the officers shouted that the woman was drunk.

“The officers accused the complainant of being drunk as they hurriedly dragged her into their waiting saloon car, which had remained parked at the section 58 Centre/Oginga Odinga junction,” reads the report.

The report says regular police officers in a patrol vehicle who were passing by the scene were dismissed by the suspects who were brandishing AK47 rifles when they alighted to inquire what was happening.

“While they were dragging the complainant, there came a police Land Cruiser which was heading towards the town on the Oginga Odinga Road. The officers attempted to intervene and the Flying Squad officers dismissed them while bundling the victim into their car and drove away,” adds the report.

Kenya Power engineer

The report further says two Flying Squad officers remained at the scene and went to the victim’s vehicle where the money was and, after some time, ordered a Kenya Power engineer who had arrived at the scene in a double-cabin Toyota pick-up to drive the vehicle belonging to the victim.

“Two squad personnel were left behind with the victim’s vehicle and they later harshly ordered a Kenya Power engineer who had arrived at the scene to drive the Lexus motor vehicle to the police station accompanied by one officer and the other one remained with the engineer’s vehicle,” reads the report.

The officers took the victim to Central Police Station and booked her for the offence of affray.

After spending the night in a cell, when she checked her vehicle in the morning with the permission of the station’s OCS, she found her money missing. Ironically, the officers who arrested her could not explain how the money vanished.

The investigation shows the officers made the arrest outside their area of jurisdiction.

“The officers were deployed to Kiamunyi area, which is found in the western side of Nakuru town. How the culprits came to be at Section 58 centre in the eastern side of the town remains unanswered. Witnesses recounted seeing the officers at the centre from 8pm waiting for the victim to close her business before they struck,” reads part of the inquiry.

The report further says the officers refused to have their statements recorded. “The act by the accused persons to record statements during inquiry is calculated to confuse and evade questions from investigators.”

On Sunday, Mbogo said he was still studying the file for the next course of action and would not comment on the matter. “I will only speak to you after I have studied the file,” he told journalists before disconnecting the phone. However, a senior officer said on condition of anonymity that there have been numerous complaints against harassment by the officers from the crack unit who operate without following the law.

“They arrest members of the public any howly and extort money from them. They operate like they are not answerable to anyone. They do not take instructions from any of the police bosses in the region and it’s hard to control them,” said the officer.