ALBERT NYAKUNDI
An OCS at Mukuyuni police station in Makueni county was on Wednesday arraigned at Makueni Law Courts for wrongful detention of a prisoner.
He was also accused of giving falsehood as well as demanding a bribe to release another prisoner.
The charges against him have been pressed by the police through their Internal Affairs Unit.
He denied the two counts.
He has been released on a bond of Ksh 300 000 or surety of the same amount with an alternative cash bail of shs 150,000.
According to the charge sheet, Henry Mutunga has been charged with abuse of office contrary to section 101 of the penal code.
Under count one it reads in part, “On September 14,2020, within Mukuyuni police station, being the OCS ordered for the arrest and detention of one Joseph Kioko Mutuku without any justification.”
It is not clear why the OCS ordered on September 16, 2020 at 10:36 PM that Kioko while he was still in police custody be charged with stealing of a motorcycle contrary to section 278 (A) of the penal code.
The motorcycle registration number KMDE 626 F was allegedly an exhibit parked at the said police station.
It is valued at Ksh 85 000.
On the same day, Kioko was charged with being in possession of Cannabis Sativa(bhang) contrary to section 3(1) and 2(a) of the narcotic drugs and psychotropic substances act No.4 of 1994,”which was not medically prepared with street value of Ksh 1000.
Under count two, the senior officer is accused of requesting and receiving of a bribe contrary to section 6(1)(a) as read with section 18(1) of the bribery act No 47 of 2016.
He is said to have received a Ksh 5, 000 bribe from Gideon Ndambuki on September 14 2020 to facilitate the release of Jeremiah Mutuku.
Mutuku had been arrested for impersonation.
The money was sent to the OCS through mobile money transfer services on a mobile number he sent to Ndambuki via a text message.
The mobile number Mutunga provided belongs to Francis Mutua.
The case will be mentioned on April 28,2021 when a pre-trial conference date is expected to be scheduled.
A source at the court that sought anonymity for not being authorized to address the press said the matter against the accused will be prioritized once the hearing starts.
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