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{
    "id": 346089,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/346089/?format=api",
    "text_counter": 46,
    "type": "speech",
    "speaker_name": "Mr. Khangati",
    "speaker_title": "The Assistant Minister, Ministry of State for Provincial Administration and Internal Security",
    "speaker": {
        "id": 42,
        "legal_name": "Alfred Khang'ati",
        "slug": "alfred-khangati"
    },
    "content": " Mr. Speaker, Sir, I beg to reply. (a) I am aware that a suspect, Henry Oyuda Ouma, escaped from lawful custody at Bondo Police Station cells, which at the time were being manned by a PC Peter Muchiri, who was later charged in Orderly Room Proceedings with two offences against discipline as follows: (1) Negligently allowing a prison committed to his charge, or whom it was his duty to guard; to escape, contrary to Regulation 3(xvi) of the Police Regulations. He was found guilty and reprimanded. (2) Making or signing false statement in a document or official record, contrary to Regulation (3), Sub-Regulation 27 of the Police Regulations. He was found guilty and dismissed from service. It is important to note that the ex-officer had two previous disciplinary cases: (1) Disobeying a lawful command in 1983 while serving at Likoni Police Station, for which he was fined Kshs15. (2) Leaving a place of duty in 1988 at Malindi Police Station, for which he was fined Kshs100. (b) I am aware that a police inquiry file was not opened. However, the suspect, Henry Oyuda Ouma, was later re-arrested and charged with the offence of robbery with violence and escaping from lawful custody before the Senior Resident Magistrate’s Court. The trial court acquitted him, under Section 215 of the Criminal Procedure Code, of the charge of escaping from lawful custody on technicalities. The suspect was not released as alleged but the ex-police officer made a false entry in the OB to the effect that the suspect had been escorted to Kodiaga Prison as per OB No.14 of 25th May, 2008. The ex-officer was not called to testify as he was not available as he had been dismissed from police service. (c) The officer cannot be reinstated as he was dismissed from service and his appeal for reinstatement, dated 12th June, 2008, did not succeed. While reviewing the matter, the Police Commissioner, through letter Ref. PF40571/49, dated 2nd February, 2011, addressed to the ex-officer, through the Nyanza Provincial Police Officer, disallowed the appeal and upheld the sentence of dismissal. As such, the ex-officer is not entitled to any benefits or privileges of a police officer."
}