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{
"id": 1585632,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1585632/?format=api",
"text_counter": 39,
"type": "speech",
"speaker_name": "Narok West, UDA",
"speaker_title": "Hon. Gabriel Tongoyo",
"speaker": null,
"content": "Under the Criminal Conduct Code (Cap 75), matters relating to the jurisdiction are determined by the place where the offence is or was alleged to have occurred or where its consequences are felt. Again, in our understanding, in cases where it is uncertain in which jurisdiction the offence occurred, the law permits proceedings to be instituted in any such jurisdiction. However, even in such cases, the rights of accused persons must be strictly upheld as they are entitled to humane and lawful conditions of detention. Therefore, the Committee underscores the importance of ensuring that operational decisions such as the transfer of accused do not override constitutional protection. The legality of Ojwang's transfer and whether it met both procedural and human rights standards remain a critical component of the ongoing investigation. On the third question, the case is already under active investigation by IPOA and other relevant agencies. From public statements, we are also informed that the Authority has made notable progress, including the recording of statements from several police officers, among them the OCS, Central Police Station, and junior officers who were on duty at the time of the incident. Post-mortem examination has already been conducted and the preliminary finding revealed blunt force injuries to the head, bleeding in the brain, soft tissue injuries on various parts of the body, and sign of compression on the neck. The National Police Service, through the IG, has pledged full cooperation with IPOA. Similarly, my Ministry is available to provide any necessary support to facilitate the speedy and conclusive determination of this matter. Being a matter of significant public interest and national concern, we are hopeful that the process will be expeditious, impartial and transparent and especially, in light of the commitment made by the relevant authorities. The Inspector General of Police has interdicted six officers pending the outcome of the ongoing investigation, and these officers include Officer Commanding Central Police Station, Samson Talam, Duty Officer Samuel Ng’ang’a, Corporal Charles Muruki, Police Constables Debian Lusweti, Peter Kimani and Evaline Kanyiri. We are of the view that this step is necessary and an appropriate measure to ensure accountability and would preserve the integrity of the investigation process. It will also serve as an important reminder that misconduct and negligence within the National Police Service will not be tolerated. It is also worth adding that the DIG KPS has already stepped aside from the public domain. Finally, I wish to give the highest assurance and commitment that we shall pursue this matter to its conclusive end and ensure justice for Mr Albert Ojwang’ and for the respect of the rule of law in this country. I submit, Hon. Speaker. Signed by Hon. Kipchumba Murkomen, the Cabinet Secretary for Interior and National Administration. I will kindly provide a summary from IPOA, as this year has been quite eventful. I have the latest update, as of today. In fact, the letter was signed yesterday, just before I came into the House, and I now have the updated report."
},
{
"id": 1585633,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1585633/?format=api",
"text_counter": 40,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Hon. David Kiplagat consulted with Hon. Julius Rutto)"
},
{
"id": 1585634,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1585634/?format=api",
"text_counter": 41,
"type": "speech",
"speaker_name": "Narok West, UDA",
"speaker_title": "Hon. Gabriel Tongoyo",
"speaker": null,
"content": "Hon. Speaker, there is some noise coming from the Member for Soy Constituency."
},
{
"id": 1585635,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1585635/?format=api",
"text_counter": 42,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Order, Hon. DK."
},
{
"id": 1585636,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1585636/?format=api",
"text_counter": 43,
"type": "speech",
"speaker_name": "Narok West, UDA",
"speaker_title": "Hon. Gabriel Tongoyo",
"speaker": null,
"content": " I have a status update report from Ahmed Issack Hassan, the Chairperson of IPOA, outlining that so far, they have made eight arrests. They have arrested Corporal James Mukhwana, who is currently before the Milimani Law Court, and has been detained for 21 days at the Capitol Hill Police Station. The ruling is scheduled to be delivered on 20th June. The next hearing will be on the same date. It is good to take note of that. The second is Samson Talam, the OCS, Central Police Station, who is also The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
},
{
"id": 1585637,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1585637/?format=api",
"text_counter": 44,
"type": "speech",
"speaker_name": "Narok West, UDA",
"speaker_title": "Hon. Gabriel Tongoyo",
"speaker": null,
"content": "before the Milimani Law Court and has similarly been detained for 21 days pending investigations. The ruling on his matter is scheduled for 18th June. Also arrested are the Deputy OCS, known as Ng’ang’a, and Kimani, who were the duty officers at the time. In addition, three civilians have been arrested. These individuals are alleged to have committed the heinous act, and are the convicts who were in the cells. They are Gin Ammitou Abwao, Collins Karani Ireri and Brian Mwaniki. They have all been detained for 21 days at Muthangari and Kileleshwa police stations. Among the eight is a technician who is alleged to have interfered with the CCTV system. He too, has been arrested. The report is quite detailed. I will also mention the number of officers who have been interdicted, many of whom are among those already arrested. I will not delve into the chronology of events here, but it is worth noting that the report I will table in the House contains full details. It starts from when the Deputy Inspector General made a complaint to both the EACC and the DCI, following the alleged false accusation by the deceased on his X account. The Committee has also interrogated the Inspector General and IPOA, and the report is before us. However, most of the content mirrors the brief already provided for by the Cabinet Secretary and the report from IPOA. Hon. Speaker, I beg to submit."
},
{
"id": 1585638,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1585638/?format=api",
"text_counter": 45,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Thank you. Hon. Eve Obara."
},
{
"id": 1585639,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1585639/?format=api",
"text_counter": 46,
"type": "speech",
"speaker_name": "Kabondo Kasipul, ODM",
"speaker_title": "Hon. Eve Obara",
"speaker": null,
"content": " Thank you, Hon. Speaker. Let me appreciate that some effort has been made, and there is progress on the case. However, regarding the specific questions that were asked, I am yet to be satisfied. The first question was why Albert was transferred from Homa Bay to Nairobi. Was this legal? This has not been clearly answered. In line with Article 49 of our Constitution, it is required that the arrested person be held near the place of arrest unless there are exceptional circumstances, and none were disclosed. The second issue which I am not satisfied was what specific online post led to his arrest. Up to this point, we do not know. The other question was whether Albert’s detention was documented at the Central Police Station. The response should have clearly stated that it was not. At the very least, there should be an acknowledgement that there were gaps in the manner in which his case was handled. They always say that the truth will set us free. I would, therefore, appreciate it if the Cabinet Secretary in charge acknowledged some of the shortfalls in the handling of the matter. When one speaks the truth, even those affected, including the family who have lost a relative, may find some comfort in knowing that the investigation was transparent and that the truth has been revealed. Unfortunately, this is not the case. Finally, on the question of injuries, the Ministry should explain the visible injuries, including bruises and swellings, as reported by the family and other observers. The Ministry or the Cabinet Secretary only referred to the existence of a post-mortem report, without addressing the injury findings. I would be happy if this matter was handled comprehensively. I am not fully satisfied. This issue has damaged Kenya’s image. Yes, we may make mistakes, but acknowledgement is the first step to recovery. It is only then that we can move forward and begin to have a genuine conversation about reforms, and what should be done as a country. I am not targeting any individual. I am speaking about the image of our country. What we saw yesterday, immediately after Mr Ojwang’s case, was someone brazenly shooting at a human being in the streets. This shows that the message has not been received. Even with all the public outcry and discussions, the police force appears not to have internalised the seriousness of the matter. If they had, we would not have witnessed what we did, and the instructions given to police officers on how to handle demonstrators would have been different. That police officer has damaged our reputation, and I believe that action has been taken, and he has been arrested. But in Ojwang’s case, let us go the full way. Thank you very much. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
},
{
"id": 1585640,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1585640/?format=api",
"text_counter": 47,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Thank you. Let us have Hon. Mukunji. Hon. Tongoyo, you can take notes."
},
{
"id": 1585641,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1585641/?format=api",
"text_counter": 48,
"type": "speech",
"speaker_name": "Manyatta, UDA",
"speaker_title": "Hon. Gitonga Mukunji",
"speaker": null,
"content": " Thank you, Hon. Speaker. I also wish to state that the Statement is quite insufficient. From a distant view, this case appears to involve a lot of conspiracy. I am appealing to the Committee to go beyond IPOA’s statement. There is a need, Hon. Speaker, for the National Assembly to go beyond the issue of getting a report from IPOA and form a commission of enquiry to know exactly what transpired. The commission is supposed to be independent, which also involves everybody who is being mentioned. Two young gentlemen, who are cousins and come from my constituency, have been mentioned. They had been arrested because of a traffic matter, but were released. When they went for their vehicle, they were re-arrested, taken into custody and forced to write a statement. I beg the National Assembly to take the issue of police misuse and misconduct seriously. Let us try as much as possible to correct the image, so that, as my sister has said, we ensure that the credibility of our nation is beyond reproach."
}
]
}