The Star (Nairobi)

22 March 2014

Kenya: Flying Squad's Four Fight Robbery Probe

Four police officers who are accused of robbing a Nakuru business woman of Sh400,000 have moved to court to block their arrest and prosecution.

Jeremiah Kazungu, Nicholas Kirongo, James Rotich and Yagan Kipsang on Friday obtained anticipatory bail from the court and thus blocked the police from arresting them or charging them until the suit they have filed has been heard and determined.

Through lawyer Steve Kabita, the four officers attached to the Nakuru Flying Squad Unit told Judge Roselyne Wendoh that the Nakuru County CID Commander and the OCPD were planning to arrest and detain them at an undisclosed police station within Nakuru County.

They added that the arrest would be detrimental to their fates as it was fashioned at stopping them from following the proceedings of an ongoing inquiry into the disappearance of the Sh400,000.

They asked the court to arrest them and release them on bond which orders were granted by Wendoh who released them on a Sh300,000 personal bond. She further ordered the four to report to the OCPD, Bernard Kioko ahead of a mention of their matter on March 25.

The officers are accused of robbing Christine Mwiti of the money on March 2 this year in Section 58 area of Nakuru. The trader alleges that she was closing down her wines and spirits shop when the four police officers bundled her into their official vehicle and arrested her for an undisclosed offence.

During the arrest, she lost Sh400,000 which was in her car which was taken under police custody. However, in documents before court, Corporal Kazungu has said that they were on night patrol duty when they chanced upon a car parked in the middle of the road with its full headlights on. Attempts to get the driver to move the car failed following which they alighted and found three drunk women embroiled in a physical fight.

They separated the women during which two were able to run away. One of the women, Mwiti was arrested and it was then that she informed the police that she had lost the Sh400,000 which had resulted in the fight.

Kazungu told the court that they took the woman to the central police station where they met their colleagues from Bondeni police station who had arrested one of the other women who had been in the fight.

The next day, the officers reported to work to find that the DCIO had ordered the women to be released and had started an inquiry into claims that they had lost Sh400,000 during the arrest.

"It is puzzling that the OCPD wrote us interdiction letters while the inquiry is still ongoing and has ordered for our arrest on charges of robbery with violence and unlawful confinement," Kazungu told the court.

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