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Court declines Gaucho’s application to summon officers who allegedly assaulted him

 

Self-styled ghetto President Calvince Okoth alias Gaucho has suffered a major blow after the court declined his attempt to have two senior officers summoned over allegations of being assaulted by an officer while in remand at Kilileshwa Police Station.

In a ruling rendered by Milimani Chief Magistrate Lucas Onyina dismissed the application by Gaucho who had sought orders compelling the officer commanding the station at Kilileshwa and another DCI officer summoned to court to give an explanation as to why they assaulted him on July 20 this year while in cells.

Gaucho and five others were remanded at Kileleshwa after being charged with conspiracy to cause chaos during one of the Azimio-led demonstrations.

"In the circumstances l find therefore it is not necessarily at this stage to summon the OCS Kileleshwa police station, a competent investigating agency (IPOA) is in a better position to probe the issues raised by the second accused person (Gaucho) and it is appropriate those issues be addressed independent out of this trial," the magistrate ruled.

Onyina also directed that Gaucho, Embakasi East Mp Babu Owino and their five co-accused persons facing charges of subversion are at liberty to file a petition in the High Court to determine whether their rights were violated by police during their arrest.

The Magistrate concurred with prosecutor James Gachoka and DCI officer Geoffrey Mwangi that the application by Gaucho was filed in the wrong forum because it's a complaint against the alleged conduct of an officer.

Mwangi has faulted Gaucho for filing an application in court rather than exhausting all other avenues provided for by the law with respect to the conduct of police officers.

He argued that a formal complaint should have been filed at the Internal Affairs Unit of the National police service or IPOA to have the matter probed as it involves allegations relating to a police officer.

Mwangi had further stated that "while this court has powers to summon the said office, the application by Gaucho is an attempt to improperly drag this court into an arena of investigations which mandate belongs to other competent authorities."    BY K24 NEWS  

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