Nairobi — The Law Society of Kenya has defended Nairobi Central Police Station OCS Chief Inspector Dishen Ongoya over his decision to release dozens of suspects arrested during Monday's nationwide fuel protests, warning that punitive action against the officer could undermine constitutional policing.
LSK President Charles Kanjama said the society was closely monitoring reports of Ongoya's arrest over the controversial release of 64 detainees held following 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 in a statement Tuesday.
Kanjama argued that an Officer Commanding Station has lawful authority to determine whether suspects should be detained or released, provided the decision is made within the framework of the Constitution and criminal procedure laws.
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"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.
"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."
Legal representation
He added that LSK advocates were also representing several protesters arraigned in courts across the country over demonstrations linked to rising fuel prices and the escalating cost of living.
The remarks came hours after reports emerged that Chief Inspector Ongoya had been arrested over allegations that he unlawfully authorised the release of suspects detained during the anti-government demonstrations.
According to a police report, the officer was arrested Tuesday by the Deputy Regional Police Commander for alleged abuse of office.
The report claimed Ongoya released the suspects "without lawful authority" after they had been arrested over offences linked to unlawful assembly and public disorder during protests witnessed in Nairobi and other towns.
Police further alleged that the officer "improperly conferred on himself a benefit" by facilitating the release of the detainees.
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Authorities said the officer was being held pending investigations by the Public Investigations Unit alongside officers from Nairobi North.
The controversy unfolded amid heightened political and public scrutiny over the handling of nationwide protests that disrupted transport operations and paralysed sections of major towns on Monday and Tuesday.
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 destruction of property, attacks on police officers and unlawful assembly.
"The government respects the constitutional right to peaceful assembly, but acts of violence, looting and destruction of property will not be tolerated," he said.
The protests were sparked by mounting anger over soaring fuel prices and the rising cost of living, with PSV operators, commuters and traders demanding urgent government intervention.
