Officer Arrested For Assaulting Man Seeking Help at Police Station

Police Constable Evans Kemboi is based at Spring Valley Police Station in court.
Police Constable Evans Kemboi based at Spring Valley Police Station in court in February 2022
Courtesy

A police officer was released from custody after being arraigned in court. This was after the State prosecutor approved charges of assault and malicious damage levelled against him.

Police Constable Evans Kemboi based at Spring Valley Police Station was accused of assaulting a member of the public along Jogoo Road on September 25, 2020. 

A report seen by Kenyans.co.ke detailed that the victim was confronted by the police officer along Jogoo Road in the middle of a traffic jam for allegedly blocking his way.

A suspect in handcuffs
An undated illustration of a suspect in handcuffs
Twitter

On sensing danger, the victim reportedly fled and sought refuge at Jogoo Police Station. However, Constable Kemboi chased after him into the police station where he was reported to have assaulted assault him.

In the report, the  Internal Affairs Unit (IAU) of the National Police Service (NPS) indicated that the officer rained heavy blows and kicks on the helpless man whose cries fell on deaf ears.

Senior officers who were at the Station compound were accused of not intervening or stopping Kemboi from assaulting the victim. He was also accused of willingly and unlawfully damaging two side mirrors of the motorist's vehicle worth Ksh30,000.

IAU investigated the matter after the man filed a complaint and forwarded the file to the Inspector General (IG) and the Office of the Director of Public Prosecution (ODPP) for perusal and guidance.

"Pursuant to its mandate as stipulated under NPS Act and other relevant laws, the Unit undertook the matter and on completion submitted findings and recommendations to Inspector General that the officer is criminally held liable for assaulting a member of the Public," the statement by IAU read.

The ODPP preferred action to be taken against the top cops and the accused junior officer.  

"Despite cries for help, no one even senior officers who watched as the fracas unfolded, dared to intervene, they left a member of the public at the mercy of a rogue officer who apart from assault also damaged his car," the report read in part.

"It is important to note that apart from Officer Kemboi facing criminal charges, ODPP further directed that two Senior Officers who were present, failed to act to prevent a crime and rescue the victim be dealt with by the Inspector General (IG) administratively for being negligent in their performance of duties," it added.

Kemboi was released on Ksh15,000 cash bail. The case was set for a pre-trial on March 3, 2022.

Incidents of police brutality have continued to make headlines in the country and last year, the Director of Public Prosecution, Noordin Haji through a report acknowledged that cops are a major impediment in the prosecution of police brutality cases.

Police men assaulting a civilian.
Police men assaulting a civilian.
Kenyans.co.ke

The report was submitted to the Senate Committee on Justice, Legal Affairs and Human Rights. In the document, Haji pointed out that evidence tampering, intimidation of witnesses and victims, and interference with investigations by police are the major challenges that his office faces during the prosecution of police brutality cases. 

The DPP noted that there have been incidents, where officers involved in crime tamper with or destroy evidence, as they try to conceal their involvement, hindering prosecution. 

  • . . . .