TikToker Shadrack Omondi Okindo alias Hon. Mosquito told a court his rights were grossly violated during his dramatic arrest by police in Mombasa.
He made the revelations as he opposed an application by the police to detain him for 14 more days to allow further investigations into alleged terrorism-related offences.
Through his lawyer, Embakasi East MP Babu Owino, he accused the police of subjecting him to inhumane and degrading treatment in violation of Article 29 of the Constitution, which guarantees every person the right to inherent dignity and to have that dignity respected and protected.
Owino told the court that during the arrest, police officers broke down Okindo’s door, dragged him out of his house in full view of his children, fired bullets into the air, and forced him to surrender passwords to his phone and social media accounts.
He was then handcuffed from behind, shoved into the boot of a car without oxygen, and driven from Mombasa to Nairobi in just 4 hours and 20 minutes a journey that typically takes up to eight hours.
His children, he said, were left traumatized and had to undergo counselling.
“We are asking this court to protect a right that has already been violated,” said Owino,
He argues the state has no clear charges against Okindo and is using the court process to justify what he termed an unlawful arrest.
Citing Article 29, the defence said Okindo’s right to freedom and security have been violated.
He argued that no one should be detained arbitrarily, treated cruelly, or punished in a degrading manner even in a state of emergency, which the government he says decided to “create for themselves”.
“No one would trade their liberty for all the wealth in the world,” Owino stated.
“Liberty should not be taken for granted.”
Babu further argues that the court is required under article 159 (2)(e) to protect and promote the purpose of the Constitution.
Owino argued that a presidential petition is resolved within 14 days by a bench of seven judges, yet investigators are asking for the same number of days merely to decide what charges to bring against Okindo.
“Therefore the court will wonder why justice is being auctioned at such a cheap price,” argued Babu.
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