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Police boss ordered release of suspects
- Details
- Published on Wednesday, 22 October 2008 01:07
According to the document, evidence by two former provincial police officers indicates that on at least three occasions the police boss instructed violence suspects to be released. The Justice Phillip Waki-led Commission received evidence that on a number of occasions the decision-making and behaviour of senior police officers was influenced by several factors.
The report says the factors were outside the formal operating arrangements, chain of command and in direct conflict with mandated duties. In the first instance, Mr Ali is said to have ordered the release of criminal gang members, including Chinkororo and Sungusungu, who were intimidating citizens who intended to vote for a particular candidate or not to vote at all. “After some arrests the commissioner of Police gave instructions for them to be released.
“It is assumed that this directive was due to the fact that a senior politician was purported to be behind the Chinkororo,” reads the Waki report. Another instance was in Kisumu where the Waki report notes that MPs Shakeel Shabir and Olago Aluoch were arrested for leading a procession around Kondele without serving any notice to the authorities.
“The commissioner of Police was informed but after two hours he instructed the local police to release the politicians and the incident was not pursued further,” the report says. When contacted by the Nation, police spokesman Eric Kiraithe said they were not ready to comment on the findings of the Waki team.
“The Waki team has also recommended that further investigations be carried out by a tribunal. We do not want to pre-empt the work of the tribunal,” said Mr Kiraithe. Former Nyanza provincial police officer Grace Kaindi told the Waki team that Maj-Gen Ali asked her to release suspects arrested following a highly publicised incident in Nyamarambe, where a Chinkororo gang made an attack on rival politicians at a rally.
The gang, which was attending a rally by former minister Simeon Nyachae, attacked ODM politicians William Ruto, Omingo Magara and Chris Bichage. The officer told the commission that all the people who participated in the attack had been arrested and placed in custody at Kisii Police Station for two or three days, as the police finalised arrangements to charge them in court.
Ms Kaindi told the commission: “You find that I get calls from Nairobi, my boss says, ‘Did you arrest these people?’ I say, ‘Yes, for this and that.’ Then he says, ‘Well, warn them and let them go home.’ I comply.” Asked whom she referred to as her boss, Ms Kaindi answered: “My lords, my boss is the commissioner of Police.” During the course of the violence, Ms Kaindi was transferred to police headquarters in Nairobi as the director of complaints and customer care.
