Gaucho IDs Assailant Cop
Calvince Okoth, also known as Gaucho, the self-proclaimed president of Bunge la Wananchi and a staunch supporter of Azimio leader Raila Odinga, described his ordeal at the hands of police officers who held him in detention for more than two days.
Gaucho, who was released on Ksh100,000 cash parole on Friday, July 21st, stated to Magistrate Lucas Onyina that he sustained body injuries at the hands of familiar police officers.
The fiery political operative went ahead and identified an Officer Commanding Station (OCS) as the leader of the unit that assaulted him while he was in police custody with slaps, kicks, and blows.
As he addressed the court, Gaucho asserted, “This is the very OCS who assaulted me in the cells and then ordered his subordinates to attack me.”
Gaucho, who was brought to court alongside Embakasi East Member of Parliament Babu Owino, informed the Magistrate that the same Officer Commanding Police Station ordered his subordinates to severely attack him.
Under orders from their superiors, the subordinate officers brutally assaulted him as he begged to be released. Ndegwa Njiru, the attorney for Gaucho, asked Magistrate Onyina to order the police to register the complaints, as they intend to take legal action against the aforementioned law enforcement officers.
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“You have ordered us to submit a complaint with a police officer, but the officer will most likely refuse to accept our complaint until they are the ones being accused.
“We are requesting a further order that this complaint be recorded with the Independent Policing Oversight Authority (IPOA) or compel the police station to take our complaint since this court enjoys the protection of the constitution,” Njiru pleaded to the Magistrate.
Njiru also condemned police harassment during the time he was searching for his clients and defending them in court, noting that the OCS was extremely condescending towards everyone, including the attorneys.
In response, Magistrate Onyina ordered the OCS to ensure that the complaints were recorded in the stations’ Occurrence Books and that the law was adhered to by proper procedure.
Onyina cautioned the police against assaulting suspects, as doing so would comprise not only criminal acts but also a direct violation of the Constitution, specifically the Bill of Rights.
The Bill of Rights is an integral element of the Kenyan Constitution and it outlines the fundamental rights and liberties to which all Kenyans are entitled.
“These rights include the right to life, liberty, security of the person, freedom from torture, cruel, inhuman, or degrading treatment or punishment, the right to a fair trial, and the right to be free from arbitrary arrest and detention,” stated the magistrate.
The magistrate added that it is crucial that the police are held accountable for their actions and that they realize they cannot simply beat suspects without facing repercussions.
He explained further that the Constitution is the supreme law of the nation and that everyone, including the police, must respect it.
Gaucho IDs Assailant Cop