Top Cop Fined 100K for Extortion, Abuse of Office

Undated image of an entrance to a Kenya police station.
An entrance to a Kenya police station in a photo dated 2018
NPS/ Twitter

The anti-corruption court sitting in Makueni has fined former Makuyuni Officer Commanding Station (OCS), Henry Mutuku Mutunga, Ksh100,000 after he was found guilty of extortion.

In a judgment delivered on Thursday, September 30, Justice J.N. Mwaniki, found Mutunga guilty of the offence of abuse of office contrary to Section 101 of Penal Code.

The officer was facing three charges including illegal ordering of arrest and detention of a Mr Joseph Kioko Mutuku on September 14, 2020, without any justification.

The former station boss is accused to have ordered for the arrest of Kioko on grounds that the latter had stolen a motorcycle valued at Ksh85,000 that had been parked in the police station yard. 

Undated file image of a gavel on the bench in the courtroom
File image of a gavel on the bench in the courtroom
Kenyans.co.ke

Two days later, Kioko was arrested again for allegedly being in possession of 10 rolls of marijuana valued at Ksh10,000.

In the second count, the officer was charged with soliciting for a bribe in order to release a man who had been arrested on accusations of impersonation.

"On September 14, 2020, at 1950hrs, being the OCS Makuyuni, you requested and received a bribe of Ksh5,000 from Gideon Ndambuki to facilitate the release of Jeremiah Mutuku," read the second charge.

The third charge was in relation to destroying evidence by deleting a recorded conversation with the Ethics and Anti-Corruption Commission in a bid to stop it from being used against him.

The court found that the prosecution had proved its case against the officer.

"The prosecution has proved guilt against the accused to the required standard of beyond reasonable doubt and the accused Henry Mutunga is convicted on count one relating to abuse of office under Section 215 of the Criminal Procedure Code," ruled Justice Mwaniki.

The court slapped the former OCS with a fine of Ksh100,000 or serve a 2-year jail sentence.

Furthermore, the court directed that the other police officers involved in the abuse of office together with Mutunga be arraigned to face similar charges.

Police car during a crackdown on PSVs Non-compliant to covid-19
Police officers patrolling in Kenya during the Covid-19 pandemic
Kenyans.co.ke
  • . . . . .