Fresh details have emerged in the arrest and summoning of Korogocho MCA Absalom Odhiambo alias Matakwey after his lawyer Apollo Mboya moved to sue the National Cohesion and Integration Commission (NCIC) over the abduction.
In a letter seen by Kenyans.co.ke, Mboya argued that his client learnt of the NCIC summons via social media and that when they visited the NCIC office, two officers conspired with DCI to abduct Matakwey, his client.
“On Monday, January 30, we requested that our client be given three days to record a statement on the alleged allegations where investigators proceeded to type summons for Thursday, February 2,
"However, on returning to the boardroom to hand over the typed summons, your investigators walked in with a team of officers from DCI who had no warrant of arrest, proceeded to abduct our client and kept him incommunicado at an unknown place until he was arraigned on Tuesday, January 31,” read part of the statement.A photo collage of Korogocho MCA Absalom Odhiambo (centre left) with his lawyer Apollo Mboya (centre right) at the NCIC , Britam Towers offices on January 30, 2023.Kenyans.co.ke
Matakwey, through his lawyer, further demanded that the commission admits liability for the violation of his rights.
“We hereby demand that you admit liability for the criminal acts of your officers and violations of the constitutional rights of our client,” read the demand letter.
In a rejoinder, the NCIC on Thursday, January 2, responded demanding that the MCA should honour the summons.
"Please note that your client is still obligated to honour the summons issued by the Commission and failure to do so will attract legal consequences without further reference to you," read part of the statement.
According to NCIC, Matakwey voluntarily accompanied the DCI sleuths.
"Your client visited the Commission’s offices on January 30, 2023, whereupon he requested to be allowed to appear before the Commission on Thursday, February 2, 2023 - a request that the Commission acquiesced to.
"Upon service of the amended summons, your client was requested by officers from the Directorate of Criminal Investigations to accompany them to their offices which he voluntarily did," the rejoinder read.
The Commission, through its CEO Skitter Ocharo, refuted the claims that the MCA was abducted.
"Your client was not accompanied and/or escorted by any of the Commission’s officers to the DCI offices. The Commission, therefore, maintains that your client was not abducted as alleged in your letter," read the statement.
Absalom Odhiambo alias ‘Mobimba’ was freed from remand on Wednesday, February 1.
According to Milimani Principal Magistrate Gilbert Shikwe, the arrest and application filed were not based on any legal provision.NCIC chairman Samuel Kobia among other officials addressing the media on February 2, 2023.NCICcriminal abduction arrest
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