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Magistrate warns police against holding suspects beyond 24 hours

08 July 2015, 10:56 Nyamota Obare

Nakuru - A Nakuru magistrate on Tuesday warned police against holding suspects beyond 24 hours before they are charged in court.

Chief Magistrate Doreen Mulekyo who was reacting to a case of a man facing charges of obtaining money by false pretence noted that claims of unlawful detention were deafening and should be investigated.

Mulekyo urged the Nakuru Chapter Law Society of Kenya Chairman, David Mongeri to sue individual police officers said to have been involved in the unlawful act.

“The prosecution must change their way of doing things to enable the Judiciary to provide the accused people with justice. Let LSK sue station commanders involved to serve as an examples,” said the magistrate.

The prosecution was at pains to respond to claims by Julius Sang who claimed that police held him for more than 24 hours before being arraigned in court.

Read Also: Shortage of magistrates a concern at the Mombasa law court

The magistrate observed that the law requires that the prosecution first establish the period the accused has stayed in custody before drafting a charge sheet.

She said the Judiciary had been faulted on several instances due to mistakes arising from the prosecution which is tasked with proving accused’s case.

She blamed senior police officers for abetting the crime.

Sang was released on a KES 40 000 bond and hearing of his case scheduled for July 20.

If a suspect proves violation of rights and fundamental freedoms due to unlawful detention in Kenya, the suspect is entitled to compensation.

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