Ruto Allies Move to Block Weekend Arrests

Deputy President William Ruto during a past rally
Deputy President William Ruto during a past rally
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Allies of Deputy President William Ruto plan to block the arrest and detention of politicians during weekends.

In a Criminal Procedure Amendment Bill 2020 sponsored by Belgut MP Nelson Koech, the MPs want the police compelled to release people arrested on Friday to prevent spending weekends in police cells while waiting to be arraigned in court on Monday.

The amendment proposes that anyone arrested without a warrant should be released on mandatory bond if they are not taken to court within 24 hours.

Belgut MP Nelson Koech condoling with the family of the late veteran politician Wesley Rono on Saturday, October 17, 2020.
Belgut MP Nelson Koech condoling with the family of the late veteran politician Wesley Rono on Saturday, October 17, 2020.
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The amendment will exclude suspects arrested for murder, treason, robbery with violence and attempted robbery with violence.

Speaking to the media, the MP said that the current provision makes it discretionary for officers to issue bond, a discretion subject to abuse.

“Politicians and leaders allied to the deputy president have been the greatest victims of this kamata Fridays just because of their political persuasions,” he said. 

He also added that the law is important for posterity because of the conduct of the police in recent times and to guard against abuse of state power. 

"When a person has been taken into custody without a warrant of arrest for offences other than murder, treason, robbery with violence and attempted robbery with violence, the officer in charge of the police station to which the person has been brought shall in any case, if it does not appear practicable to bring that person before an appropriate subordinate court within twenty-four hours after the person has been so taken into custody, inquire into the case, and, release the person on his executing a bond, to appear before a subordinate court at a time and place to be named in the bond,” the amendment reads. 

Kamata Fridays, as the practice is popularly known refers to Friday night arrests by the police.

The said kamata Fridays have received criticism from members of the legislature and judiciary.

"The practice that is ominously gaining ground in this country otherwise infamously known as 'kamata Friday arrests' whereby suspects are deliberately arrested on Fridays and kept in police custody over the weekend must not be permitted to take root," said High Court Judge George Odunga in a previous bail application hearing.

Odunga, in justifying his stance explained that the practice chipped away at the democratic gains that the country had made since the promulgation of the Constitution of Kenya 2010.

The practice, he said, would take the country back to the dark ages where people were arrested on a whim without sufficient justification.

"It (the practice of kamata Fridays) would in effect take the country back to the dark days when suspects faced frivolous capital charges aimed at unlawfully incarcerating them with a view to achieving extraneous objectives, thereby unjustifiably denying them of their liberty. The attempt to claw back at non-existent powers ought to be restricted at all costs by the courts which are the temples of justice in this country," he added.

Heavy police presence witnessed at the Kiambu law courts ahead of former Nairobi Governor Mike Sonko's arraignment
Heavy police presence witnessed at the Kiambu law courts ahead of former Nairobi Governor Mike Sonko's arraignment
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