BY NT CORRESPONDENT.
The High Court has directed the Chief Executive Officer of the Independent Police Oversight Authority (IPOA) to investigate complaints by Nairobi businessman Harish Kanji Patel against two senior police officers for alleged extortion.
The businessman alleged that he was compelled to settle a Sh20million debt reportedly owed to Creative Joiners Ltd.
The agency must conduct an independent probe into allegations by Patel, a director of Intcon Africa Ltd, that the Langata police chief and the Criminal Investigations boss violated his constitutional rights and unlawfully interfered with his business transactions.
The outcome of the investigations and appropriate recommendations to the relevant authorities should be forwarded to Patel within 90 days, Justice Pauline Nyamweya directed yesterday.
The Judge said the agency failed to exercise its statutory powers and duties by delegating the responsibility to the Internal Affairs Unit of the National Police Service after Patel lodged a formal complaint on February 20, last year. IPOA’s core mandate is to investigate complaints related to disciplinary or criminal offences committed b any member of the police force and make recommendations for necessary action to be taken.
Lawyer Macharia Kahonge, for the aggrieved businessman had said the Officer Commanding Langata police station and the Criminal Investigations Officer, together with fellow police officers were still extorting money from Patel and causing him constant unlawful harassment. Patel was first arrested at Buffalo Bar on March 12, 2017, and was forced to sign cheques and a formal commitment to repay the debt accruing from the sale of six vehicles worth more than Sh20million.
Later after his release, the DCIO, Fatuma Hadi, and two other officers reportedly took him to Kilimani police station where he was forced to sign further cheques and effect electronic money transfer to Creative Joiners Ltd.
Patel, through his lawyer, made a formal complaint to the Ethics and Anti-Corruption Commission (EACC) and requested the IPOA Chief Executive Officer to investigate improper use of police powers and abuse of officer since the alleged debt is pending adjudication before the MIlimani Commercial Court. IPOA had abdicated its public duty by failure to act on the complaint despite numerous letters, Kahonge said.
The police, he said, were expected to protect the general public by upholding their rights and not to misuse their powers by harassing innocent civilians. The courts enjoyed exclusive power to check excesses by the police, he had argued.
