MAKUENI,Kenya, Dec, 10 – On 30th September, 2021 the Chief Magistrate at Makueni Law Courts, Hon. Mwaniki found former OCS Mukuyuni police station, Chief Inspector Henry Mutunga guilty of abuse office and bribery charges levelled against him by the State through Internal Affairs Unit of the National Police Service and sentenced him to two years imprisonment or alternatively fined him Sh 200,000.
The OCS has since been suspended from duty awaiting dismissal approval from the National Police Service Commission.
However, during the judgement which was delivered in a tensed court room, the trial Magistrate directed that three officers who were adversely mentioned during the proceedings be arrested and charged with abuse of office since it was noted during the witnesses testimonies that they aided the OCS in planting rolls of cannabis Sativa and preferred false criminal charges against Joseph Kioko Mutuku, a Bodaboda operator within Kilala shopping Centre of Makueni County.
Following, the directive by the Chief Magistrate court, Internal Affairs Unit summoned the three officers to appear at the Unit Headquarters on August,11,2021.
On arrival two officers were arrested and taken to Capitol Hill Police Station where they were processed and later released on Police cash bail of Sh 10,000 each to appear before Makueni Law Courts for plea taking on December,12,2021.
On the said date the trial Magistrate gave further directives and transferred the case to Machakos Law Courts.
While issuing directives in his chambers, Hon. Mwaniki said that he had already heard the facts of the first case and delivered judgement, therefore he reasoned that it could only be wise if the matter is heard in another jurisdiction by another Magistrate for the sake of fair trial.
It was in view of the above understanding that the ODPP Makueni transferred Internal Affairs Unit relevant file to their counter part in Machakos for further appropriate action.
The matter was mentioned for the first time at Machakos Law Courts on December,3,2021 but the accused officers did not take plea. They were remanded at Machakos Police Station till December,9,2021 mainly to allow both the Prosecution and the court familiarize themselves with case.
The two officers, Salim Kautu and Shem Maragia were today arraigned before CM Court at Machakos and charged with offence of abuse office as read with section 102A of the penal code.
They pleaded not guilty and were released on a bond of Sh 50,000 or cash bail of Sh20,000.
The case will be mentioned on December,14,2021.
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