The Kenyan Police
or any police for that matter, does not have the right to beat anyone, be it Luos
or anyone else.
Now before I
continue, let me confess that I have many friends, policemen, who are carrying
their duties, legally. I even have family members who are policemen, and in the
army. So, this is to those few rotten apples. The select few. The twisted
brains. Those who beat people. Those who torture Luos. Those who shit on international
law, pee on our constitution, and drag our statutory laws in the cow dung mixed
with mud. The mavi ya kuku.
Now, there
is no law against running from police before you are arrested, and
before they speak to you. But, my advise, do not run from the police if you see one (or smell one). Running
is enough for a preliminary level of suspicion. If the police show up and you
take off running, that is enough to give rise to suspicion by a policeman and
they are entitled to chase, an arrest you, and question you!
Now,
the police have the power to arrest you, even for a crime you have not
committed. They can always say you are helping in investigations, or very smart
ones, those whose sisters are lawyers, will say they held you for your
security. Remember the phrase, if a policeman follows you for 1 km, you are
likely to break a law you never knew existed, like loitering, being a vagabond,
idle and disorderly, or looking suspicious, and in today’s Kenya, looking like
a Luo.
Now, the police
does not have the right to beat you or hurt you after arresting you no matter
what offence you are booked for. That is not what the law prescribes.
No law allows the police to beat you, unless it is to apprehend you.
So, a police
canning someone who is not fighting back, but is hiding his head from being
beaten. Criminal police. A pig of a police. Bure kabisa.
A policeman hitting
a woman with a batton, and the woman is holding her hands, shielding her face,
not moving at all, cornered. An ass of a policeman. A thug. Mjinga.
A group of
policemen, kicking a man on the ground, who is offering no resistance, at all.
Chicken shit. Mavi ya kuku. Foolish criminal policeman.
A policeman who
enters your house, at midnight, without a warrant or cause, hits a father,
while in bed, hurts the baby, and now the baby is in Agha Khan Kisumu, in a
comma. Confused and retarded police. Criminal.
Police do not
have any right to beat or hurt you in any way to omit or act as per their
discretion, if they do so it would be unjust and you can bring this in front of
a Magistrate or the Superior Officials. And before NASA Secretariat too.
As per the law,
the accused, if arrested, (and if the investigation is not completed within the
period of 24 HOURS, from the time of arrest), then police is required to
produce you in court, and no justification of “we are still doing
investigations” can be relised on. Those statements are ill informed, illegal,
unconstitutional, parajudicial, and extrapolice powers.
No court gives
any kind of permission or authority to police to beat the accused while in or
outside its custody.
As of procedure,
every court officer/magistrate, is obliged to ask the accused whether he has
"any complaint of ill-treatment" against the police. If you were
abused, say yes, then Magistrate has to examine the veracity of that complaint
of ill-treatment and if physical or internal, soft tissue injuries are found,
then accused is referred to Medical Officer for finding out the truth in the
allegation of ill-treatment. If the complaint of accused against the police
officer appears to be prima-facie true, then the Magistrate has to register a
complaint against the concerning police officer.
Remember, the only
time their allowed to use force, is to put you down, and hand cuff you. Not to
beat you, like a dog, like Kenyan, Ugandan, and other policemen, even in
America, do to protesters. Policemen are all the same, you give them a leeway,
they will beat you like a pig. Maybe it is the frustration of their poor
houses. I wonder why they do not build them good houses. NASA promised them
better houses. Too bad they have not declared Raila the winner.
The police cannot
hurt you unless you present them with such conditions where applying force
becomes necessary for them. For example if you are resisting arrest or not
legitimately complying with their instructions. However if you are complying
with their orders and yet subjected to assault, you can drag them to court.
Get a lawyer immediately. Do not wait to cordially resolve it with this police.
Never negotiate with a policeman who beat you today. They will beat your ex- girlfriend
tomorrow.
The police only
have right to "question" and "examine" you. They can
ask, are you a Luo, you say yes, and they say, you are under arrest, and you
should never refuse, say, ok. They should say you are walking like a Luo, and
so, we want to examine you for stones, and you should never refuse. And if they
do not find stones, they can say you were looking like you want to commit a
violent act. Do not argue. Do not talk back rudely. Just say, no sir. Yes sir.
No sir. Yes sir. Be very polite.
The basic
jurisprudential aspects governing being beaten for being a Luo is found not in
law but in customs. Torture has been a practice since long accepted by States
universally to retrieve certain information. Now, according to one basic
principles of international law, "that which is not explicitly illegal in
international law, is otherwise legal." As such torture becomes illegal
for the Kenyan police, period.
Man handling is
an offence against law. The police know it. In their training school, they are
told to beat. But it is illegal. They are told, “nyorosha”, meaning, in
English, “nyorosha”. But they know it is illegal. Their trainers know it is
illegal. But they are corrupt in their minds. So, they corrupt the recruits.
And they beat Luos. For being Luos. And on the day of being taken to court,
they threaten you with more beating after court, to such an extent, you will be
scared to tell this in the court - while on trial. You say you hit your
face on the wall while waking up.
And if the
accused is a women then they can't arrest her and put her in the jail at night
or late evening. But Kenyan police. Ha! You saw them hitting a woman with
sticks. A woman. Sticks. Bure kabisa.
Police didn't
have Rights to beat anyone. At the extreme moments like riots they can use tear
gas and water spray to control the incident that to with the higher authority's
permission. But they cannot beat. They use teargas, to overpower, and
arrest. Not to beat. Why do they give you handcuffs, stupid fools!
There two conditions
whereby police is empowered to use physical force:
One, to enforce arrest police can use reasonable force.
Reasonable force. Hitting a child sleeping is not reasonable, by any stupid fat
pig definition.
x
x
Secondly, in law
and order situation, police can use force to disperse mob if it, using force, remains
only way out. But it has to restrained force only for purpose of maintaining
law and order. Canning an old man, while coleagues are laughing, is not
restrained, or reasonable! It is cancer of the brain. But it is okay, because
it was a Luo being canned. An old Luo man. In Kisumu.
The police has no
right to beat or assault any person whether he is criminal or suspect.
Even if they found you have just finished killing someone, and you are sitting
on them. They cannot beat you, or assault you, only arrest you! Even if you are
a Luo, eating fish, and they catch you eating the fish, the head, in Kibera,
Mathare, or Kisum Cit. They cannot assault you for being NASA sympathizer.
Now, police officers frequently make split-second decisions during
fast-evolving confrontations, like in a riot, or when entering a Luo’s home at
midnight, in Kondele, Mathare, or Kibira, and should not be subject to overly
harsh second guessing, or through 20/20 hindsight. But shooting a fleeing
person, who was not already under arrest, who is not a prisoner, is murder.
M.U.R.D.E.R. And if that Luo child in Kisumu, Agha Khan, dies, that is Murder.
And all those Luos who died because they were Luos, sleeping at night, in
Mathare, Kibera, or Kondele, MURDER.
This post is
written by Ojijo Pascal Al Amin K’Oteko. You can contact him for clarification
on +256776100059, or ojijop@gmail.com
