Court rejects ‘risky demo’ by police

Activist Okiya Omtata (right). Mr Omtata claimed the licence was issued during a transition period when the Moi regime handed power to the Kibaki government in 2002 raising authenticity and transparency issues. PHOTO | KEVIN ODIT

What you need to know:

  • Lawyers want officers to account for how youth were transported to station after arrest

A court on Thursday blocked a demonstration of how policemen hung on the back of a vehicle with loaded guns as they arrested youths from a Mombasa mosque following a riot.

Mombasa High Court judge Edward Muriithi said it would be risky for the officers to carry loaded guns and demonstrate how they travelled in the vehicle from Masjid Musa to Makupa Police Station while escorting the youth.

This was during the hearing of case regarding the whereabouts of Mr Hemed Salim Hemed, who was arrested by police on February 2, when police raided the mosque to flush out youth they claimed were being taught about jihad. (READ: Officer says he only led Hemed out of mosque)

LOADED GUNS

Lawyer Yusuf Abubakar, who is representing the family of Mr Hemed, wanted the police manning the Mombasa Law Courts where the case was being heard to show the court how they travelled from the mosque to the station.

State counsels Oscar Eredi and Alexander Muteti also opposed the request, citing security risks involved if any of the loaded guns was to accidentally go off.

Mr Justice Muriithi directed that the guns be unloaded in the armoury before the police are allowed to show the court how they hung on the back of the van.

Meanwhile, a demonstration carried out to establish how many people the police Land Rover could carry on Thursday revealed that only 17 people could fit inside it.

This was contrary to an assertion by constable Owino Okuto, who testified that the vehicle had the capacity to carry 25 people, including police officers.

ESCAPED FROM VEHICLE

The demonstration was conducted on Thursday at the law courts parking lot before the judge.

Mr Okuto had also claimed that Mr Hemed may have been among 10 people who had escaped from the vehicle as they were being taken to Makupa Police Station. (READ: Masjid men didn’t escape, says driver)

Another witness, Mr Abdi Adan, who testified on Thursday told the court that the siren was not working on the day of arrest and confirmed that there was no damage on it after the operation. He had earlier told the court that he had not witnessed any of those arrested escaping from the vehicle, thereby contradicting Mr Okuto.

He said that apart from noises of police officers commanding the suspects at the back of the vehicle, he saw the officers struggling with prisoners attempting to jump out of the van.