A police officer who took to social media in June to complain about what he termed as an unlawful order from one of his seniors has claimed he was unceremoniously suspended.
Police Constable Newton Chebii shared his plight on Facebook on June 28, claiming that he declined to act on an order to chase away a herd of cows that strayed into the precincts of West Park Police post where he was stationed.
Documents seen by The Nairobian show that he was suspended on July 28, a month after he allegedly refused to chase cows out of West Park Police post located in Langata.
He said he is preparing to challenge the suspension in court.
Chebii, who spoke exclusively to The Nairobian in Eldoret, said trouble started on June 27 after he, together with a female colleague, was assigned duties by his bosses.
Later that day, Chebii recalls, his colleague - a police constable (name withheld) - fell ill and left to seek treatment at a hospital in Nairobi, and he was left manning the station's report desk and armoury alone.
Grazing cows
"After my colleague left to seek medication, one of my seniors who is an inspector, and who is based in Lang'ata Police Station, arrived at the report office and asked me to go and chase away cows that were grazing outside her house within the post," Chebii said.
He continued: "I politely declined to act on the order because as a police officer, I was not obligated by law to chase away cows that are not under the custody of the police. Secondly, I was the only one manning the report desk and the armoury. What if I left the armoury unmanned and criminals broke in? Who would be held responsible?"
Chebii said he was slapped with a show cause letter the third day after he refused to chase away cows, and afterwards, an OCS relieved him of duties. He responded to the show cause letter on June 30.
He said he has chosen to speak about his frustrations and firm decisions against unlawful orders.
"Many police officers are frustrated by their bosses. I choose to speak about my case instead of resorting to hurting my colleagues in senior ranks. I will battle my case in a court of law because I understand the law," Chebii said.
Police Oversight Authority
He said he reported the case to the Independent Police Oversight Authority (Ipoa) on July 4, under case reference number IPOA/CM/001831/2022.
"On July 28, a police boss showed up at the West Park Police post and threw a letter on my face. I decided not to be violent. I learnt that it was a suspension letter. I was suspended for declining to chase away cows and entering the truth in the OB," the suspended police constable said.
In the suspension letter signed by Monicah Kimani, the Langata Sub-county police commander, Chebii was tried in absentia on July 5.
According to the letter, the policeman was suspended over six counts: disobedience to a lawful order, negligence in the performance of duty, making a false statement in a police record, making a false statement against a police officer, disclosure of information concerning police administration and using a disrespectful language against a senior officer.
An OB booking of the suspended officer explaining why he declined to heed the order to chase away cows out of the post did rounds on social media in late June.
But Chebii said the OB report was shared on social media by colleagues who were displeased with the orders issued by their seniors.
Chebii is, however, not new to suspensions from the service. He had been suspended on October 26, 2016 for absence without leave, but the suspension was lifted in January 2019, after intervention by Ipoa.
In the 2016 suspension, Chebii argued that he was studying law at Strathmore University after he secured a scholarship from the police service.
In March 2020, he was suspended after he was accused of inciting boda boda riders against his colleague who is attached to Kapsowar Police Station. He was arraigned at an Iten court. The case was later that year dismissed and he was reinstated to the service.