Court stops police from arresting Ngilu in charcoal row

Kitui Governor Charity Ngilu has obtained court orders restraining police from arresting her over allegations of fanning ethnic animosity in her crackdown on illegal charcoal trade.

Governor Ngilu moved to court on Monday, a day after returning from a week-long trip to India and was granted a Sh50,000 anticipatory bail against the Inspector General of Police and Director of Public Prosecutions.

ORDERS

Kitui High Court Judge Lillian Mutende gave Mrs Ngilu the bond pending any investigations that may touch on her or any intended charges against her.

The injunction restrains the police from arresting, incarcerating or interfering with the Governor’s freedom of movement.

However, Justice Mutende ordered Mrs Ngilu to present herself to Kitui Police Station on Tuesday and record statements with detectives investigating the burning of a truck ferrying charcoal.

The lorry was set on fire on February 8.

“Having heard the applicant’s counsel’s oral submission, it is hereby ordered that the applicant’s counsel shall escort her to Kitui Police Station for purposes of recording a statement,” read the order in part.

ARSON

Mrs Ngilu’s move comes amid pressure from Kiambu County leaders, led by Governor Ferdinand Waititu, who have been demanding that she be arrested and prosecuted over allegedly inciting youth to burn charcoal lorries.

While Governor Ngilu was out of the country, police arrested the County Executive for Environment John Makau over the arson.

Mr Makau was summoned to the Directorate of Criminal Investigations offices in Kitui on February 12 alongside county community liaison officer David Mbisi, and questioned by detectives over the incident.

The two senior county officers were taken into custody later that evening, and were driven to Embu where they were arraigned before Chief magistrate Maxwell Gicheru.

However, the suspects were not formally charged after the DPP objected to the charges preferred against them. They were released on a free bond pending conclusion of investigations.

INVESTIGATIONS

Kitui County DCI boss Prosper Bosire said his detectives were looking for more suspects in connection with the incident.

Mr Bosire said investigations were showed that more people may have been involved in the incident and police would arrest more suspects.

He said the crackdown on the arsonists was not aimed at frustrating the Kitui County Government’s ban on charcoal trade, but meant to maintain law and order and protect peoples’ properties.

“The county government can continue enforcing their ban but we won’t allow trucks passing Kitui from other counties where charcoal trade is allowed and legalised to be attacked by people taking the law into their own hands,” he said.

The charcoal truck was burnt down after being impounded along the Mwingi-Nairobi highway.

PROTESTS

Transporters in Kiambu County held protests demanding Mrs Ngilu’s arrest for allegedly inciting youth to burn lorries transporting charcoal in Kitui.

They lit bonfires at Kwambira area along the Nairobi-Nakuru highway and blocked the road with logs, alleging that Governor Ngilu was preaching negative ethnicity.

Governor Ngilu has since denied allegations that she was targeting traders from certain communities in the crackdown on charcoal trade.

Mrs Ngilu said the truck was torched while in police custody and the police should explain what transpired.

She said cartels were spreading propaganda and trying to discredit leaders who stand up to them.

Mrs Ngilu said she would not relent in enforcing the charcoal and sand harvesting bans passed by the Kitui County Assembly, following public outcry over environmental degradation.