The Independent Policing Oversight Authority (IPOA) now wants the court to throw out a case in which the Inspector General of police Douglas Kanja has been sued over the assault of a first year Multimedia University student by five police officers.
The assault happened during the September 17, protests.
In the petition, Frederick Bikeri alleged that the anti- riot police responded with excessive force during the peaceful protest over water shortage and faulty electrical sockets in the institution’s hostels leading to the brutal assault of a first year student Trevor Mathenge Mureithi.
In a response filed in court, IPOA argues that the application has been brought prematurely as investigations are still ongoing.
According to IPOA, compelling the authority to provide a report or findings at this stage would interfere with its mandate to conduct independent and thorough investigations.
In the petition dated September 30, Bikeri through his lawyer Elkana Mogaka sought a court order compelling IPOA to release a report on its findings.
However, IPOA maintains that investigations are complex and cannot be rushed to meet external demands.
IPOA through its investigating officer Zacharia Nyamoti, told High Court judge Justice Chacha Mwita that it has “commenced investigations and has not refused or neglected to perform its duty as required by law”.
“The interested party having commenced investigations into the Applicant’s case is keen on carrying out the same in an independent manner as mandated by the IPOA Act. That I am currently conducting the investigations as the Investigating Officer and believe that the Applicant’s Application has been filed prematurely as investigations are yet to be completed in order to allow supply of findings or a report on the investigations conducted,” read the court documents.
According to Nyamoti, any order compelling them to submit a report before completing the investigation would be premature and in vain.
“The orders sought by the Applicant if issued would be in vain.”
Nyamoti further stated that once the investigations are concluded, appropriate actions will be taken.
However, at this point, Nyamoti argues that Bikeri’s move to seek intervention from the court is unwarranted and should be dismissed.
“I pray that this Court dismisses the Application with costs,” said Nyamoti.
In the petition filed under certificate of urgency,Frederick Bikeri wanted the police officers arrested and produced before court.
“An order compelling the 1st Respondent to produce, before this Honorable Court, the five police officers seen in the video assaulting the subject herein,” read the court documents.
Bikeri alleged that the actions of the officers violate multiple provisions of the constitution, particularly human dignity and freedom and security.
“The actions of the five police officers go against strict provisions of Article 19,20,21,22,23,24. 28 and 29 of the Constitution of Kenya,” says Mogaka.
Mogaka Justice Mwita that no action has been done against the five police officers who perpetrated the act that sparked nation wide outrage.
He sought orders compelling the IPOA to investigate and report their findings of the incident within 15 days.
“An order directing the Interested party table their report within 15 days of their findings of the investigations conducted by them,” read the court documents.
According to Mogaka, Mureithi, who is studying Media and Communication, was in his hostel when four police officers threw a tear gas canister into the room.
As he and his fellow students scrambled to flee the gas, Mureithi fell into a ditch, injuring his leg.
Despite his obvious injury, the police officers mercilessly beat him.
One of the officers, determined to “teach him a lesson,” threw another tear gas canister near Mureithi’s head, further exacerbating the brutality.
A video recorded by another student shows five officers involved in the attack, which has since circulated widely on social media, sparking outrage across the country.
In the petition the office of the director of public prosecution, Attorney General and Director of Criminal Investigations have been sued while the Independent Policing Oversight Authority (IPOA) has been listed as an interest party.
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