The High Court on Friday, August 20, dismissed a case filed against Kijipwa Officer Commanding Station (OCS), Victoria Mutuku.
The Commission for Human Rights and Justice (CHRJ) had petitioned the High Court, Human Rights Division, seeking to have the top cop declared unfit to hold a public office.
CHRJ claimed that the officer had been soliciting bribes from the public contrary to the conduct of the code of conduct of a state officer.
Further, CHRJ claimed there were concerted efforts by investigative agencies and the prosecution to shield the cop from facing the sack in what the human rights lobby group termed as abuse of office.
In court documents, CHRJ claimed that the OCS used her office to harass, and intimidate members of the public. She was also accused of engaging in illegal activities, therefore, disintegrating public confidence in her office and Kijipwa station.
But the court disputed the arguments made by CHRJ stating that if the petition by CHRJ is allowed, it will deprive the OCS of the right to be presumed innocent until proven guilty.
“The presumption of innocence until the contrary is proved under the principle of fairness in the criminal law under Article 50 of the constitution means the current petition has to wait for the doctrine of exhaustion on the side of the agencies probing into the issues,” the court pronounced.
The court declared there was no requirement under the law for a complainant to pursue multiple approaches to seek relief from the court through different legal agencies on the same cause of action.
Justice Reuben Nyakundi stated that the case against Mutuku was unique since proceedings regarding the officer are ongoing.
“A complaint of this magnitude premised under the constitution is inadmissible if other judicial or quasi-judicial body is considering or has an inquiry as to the merits of making of the decision on the same matter,” the Judge stated.
The Inspector General of Police, Hillary Mutyambai, confirmed that they received a complaint from CHRJ for the alleged misconduct of the OCS.
According to the IG, who was listed as a respondent in the petition, the Director of the Internal Affairs Unit was instructed to conduct investigations and submit the enquiry file.
