Nairobi — Nairobi Central Police Station OCS Chief Inspector Dishen Ongoya was Tuesday evening admitted to hospital after reportedly developing health complications following his arrest over the release of dozens of suspects detained during nationwide fuel protests.
An earlier police report seen by Capital FM indicated that the senior officer complained of high blood pressure at the time of his detention after being arrested by the Deputy Regional Police Commander over allegations of abuse of office.
Police accused Ongoya of unlawfully authorising the release of sixty-four suspects arrested during Monday's anti-government protests linked to rising fuel prices and the escalating cost of living.
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"Kindly be informed that today at 1200hrs Chief Inspector Dishen Ongoya, the OCS Central Police Station, Nairobi Region, was arrested by the Deputy Regional Police Commander for the offence of abuse of office," part of the report stated.
The report alleged that the officer released the detainees "without lawful authority" after they had been arrested over offences related to unlawful assembly, public disorder and other protest-linked violations.
Police further claimed the officer had "improperly conferred on himself a benefit" by facilitating the suspects' release.
Authorities said investigations into the incident were being handled by the Public Investigations Unit alongside officers from Nairobi North.
The development triggered sharp reactions from the Law Society of Kenya, which defended Ongoya's actions and warned against criminalising police discretion exercised within constitutional limits.
LSK response
LSK President Charles Kanjama said the society was monitoring the officer's arrest closely while also representing several protesters facing charges arising from the demonstrations.
"The Law Society of Kenya has received and is acting on reports that Nairobi Central OCS, Chief Inspector Dishen Ongoya, was arrested last night following his decision to consider charges and release 64 persons arrested during yesterday's national stay-away," Kanjama said.
"Our advocates are also attending to numerous other cases involving peaceful protesters currently before the courts."
Kanjama maintained that an OCS has constitutional and legal authority to determine whether arrested persons should continue being detained or be released, provided the decision complies with the law and protections under Article 49 of the Constitution.
"An OCS is constitutionally and legally entitled to exercise discretion in the processing and release of arrested persons, subject to the law and the rights guaranteed under Article 49 of the Constitution," he stated.
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"Punitive action arising from the lawful exercise of such discretion risks sending a chilling message to police officers tasked with upholding constitutional safeguards within the criminal justice process."
The controversy unfolded amid heightened scrutiny over the government's handling of nationwide protests, which disrupted transport operations in several towns and paralysed sections of Nairobi and other urban centres.
Interior Cabinet Secretary Kipchumba Murkomen earlier said four people were killed during the unrest while at least 30 others sustained injuries, including police officers.
Murkomen also disclosed that 348 people had been arrested over various offences, including unlawful assembly, destruction of property and attacks on police officers.
The protests were driven by mounting public anger over soaring fuel prices and the rising cost of living, with PSV operators, commuters and traders demanding urgent government intervention to ease economic pressure on households.
