Top cop to be first ‘casualty’ of new security law

December 23, 2014 2:45 pm
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Speaking to Capital FM News on Tuesday afternoon, Tobiko indicated that under the new law, what the senior officer did was criminal in nature and calculated to defeat the course of justice/file
Speaking to Capital FM News on Tuesday afternoon, Tobiko indicated that under the new law, what the senior officer did was criminal in nature and calculated to defeat the course of justice/file
NAIROBI, Kenya, Dec 23 – The Officer in charge of Makupa police station will be the first casualty of the newly enacted security laws after the Director of Public Prosecutions Keriako Tobiko applied to have him summoned before court for supervising the tampering of evidence to be used in the case against suspected organised crime boss Feisal Ali Mohammed.

Speaking to Capital FM News on Tuesday afternoon, Tobiko indicated that under the new law, what the senior officer did was criminal in nature and calculated to defeat the course of justice.

He pointed out that his actions went against Sections 117 of the Penal Code as read together with Section 13 of the new Act.

“The accused persons, the owners of the premises and with the assistance, facilitation or complicity of the OCS who supervised, engaged themselves in an exercise to subvert the cause of justice and that is why we are saying that he will be the first casualty of this new law. Any public officer who facilitates, aids the commission of a felony will face the law,” he stated.

The OCS is now due to appear in court on Wednesday.

“Some fellows went to court and obtained some purported order. They broke into the premises, removed a number of motor vehicles, and this exercise was supervised by this OCS, yet there is a court order saying this is a property that is preserved for the purpose of the case against Feisal,” Tobiko stated.

“When we look at the so called court order, there was no order for eviction and there was no mention about the earlier court order preserving the property for purposes of the pending case.”

Feisal who was alleged to be a leading figure in the illegal ivory trade was arrested by Interpol agents in Tanzania on Monday night.

The international police organisation last month put him on a list of nine most wanted suspects linked to crimes against the environment.

He will be facing charges in Mombasa for “dealing and possession of elephant tusks” weighing more than two tonnes and equivalent to at least 114 poached elephants, which were found during a raid in June.

Two alleged accomplices, Abdul Halim Sadiq and Ghalib Sadiq Kara, were arrested then, but he had managed to escape and has been on the run since. According to an Interpol source, Mohammed was caught in “a sting operation” conducted in conjunction with Tanzanian police.

He is the second of the nine alleged “environmental criminals” listed by Interpol to have been arrested since the Interpol appeal last month. Earlier this month, Zambian national Ben Simasiku was arrested on charges of possessing ivory from Botswana.

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