Self-styled Bunge la Wananchi President and staunch supporter of Azimio leader Raila Odinga, Calvince Okoth, popularly known as Gaucho, has recounted horrific experiences that he encountered at the hands of police officers who held him in custody for more than two days.
Gaucho, who was released on Friday, July 21, on a Ksh100,000 cash bail, told Magistrate Lucas Onyina that he suffered body injuries which were afflicted by police officers he knows.
The firebrand political operative identified an Officer Commanding Station (OCS) as the squad leader that descended on him with slaps, kicks and blows while he was in police custody.
"This is the very OCS who beat me up when I was in the cells before ordering his juniors to descend on me," Gaucho claimed as he addressed the court.
Gaucho, who was brought to court alongside Embakasi East Member of Parliament Babu Owino, told the Magistrate that the same Officer Commanding Police Station also ordered his juniors to beat him up thoroughly.
Acting on the orders of their seniors, the junior officers mercilessly assaulted him as he pleaded to be let go. Gaucho's lawyer, Ndegwa Njiru, asked Magistrate Onyina to order the police to record the complaints since they intend to take legal action against the said law enforcers.
"You have ordered that we file a complaint before a police officer, but most likely, the officer will refuse to take our complaint as they are accused here.
"We are requesting a further order that this complaint be recorded with the Independent Policing Oversight Authority (IPOA) or compel the police station to take our complaint since this court enjoys the protection of the constitution," Njiru pleaded with the Magistrate.
Njiru also decried police harassment throughout the process of looking for his clients and defending them in court, noting that the said OCS was very arrogant to everyone, including the advocates.
In response, Magistrate Onyina accordingly ordered the OCS to ensure that the complaints were recorded at the stations' Occurrence Book, and due process is followed in the guidance of the law.
Onyina warned the police against beating up suspects since such action would not only amount to criminal acts but also constitute a direct violation of the constitution, particularly, the Bill of Rights.
"The Bill of Rights is a fundamental part of the constitution, and it sets out the basic rights and freedoms that all Kenyans are entitled to.
"These rights include the right to life, liberty, security of the person, freedom from torture, cruel, inhuman or degrading treatment or punishment, the right to a fair trial, and the right to be free from arbitrary arrest and detention," the magistrate observed.
The magistrate further noted that it is important that the police are held accountable for their actions and that they understand that they cannot simply beat up suspects without facing the consequences.
He further explained that the constitution is the supreme law of the land, and everyone, including the police, must respect it.
