Separation of powers !!DCI ignores high court and does the unthinkable

Image result for high court kenyaA day after after the High Court issued orders stopping the Inspector General of Police and the Director of Criminal Investigations (DCI) from posting the photos online pending the hearing and determination of a case filed in court, the DCI has gone ahead and posted a suspected police officer alleged to have been asking for a bribe.

According to the DCI twitter handle, Police Constable Elvis Ombati Mitenti, attached to the Dog Unit-Nakuru, was arrested by detectives from the Director of Criminal Investigations (DCI) for trying to extort money by threatening the Manager of Njoro Huduma Nursing Home with arrest. He was accusing the management of illegal power connection.

Upon interrogation, the officer is said to have admitted threatening the management with arrest in order for him to be bribed. He had also claimed to be DCI_Kenya Detective based at Nakuru Central Police Station, which was untrue.

Police said investigations already commenced to nab his accomplices.

Image result for arrestedA Nairobi resident, Henry Shitanda, had filed a petition arguing that posting of suspects’ images on social media before they are charged in court is not sanctioned in law, therefore, is unconstitutional.

The petitioner further argues that sharing of the images online not only humiliates the suspects but also infringes on the accused persons’ rights to privacy as enshrined in the constitution.

“The internet and social media have made booking photos more embarrassing and humiliating than ever before as the accused or suspects are entitled to privacy rights as enshrined in the constitution,” reads the court papers.

Image result for DCI and The National Police Service

DCI and The National Police Service have been sharing photos of suspects holding mugshots online mostly at times to warn the public of the character of the persons in question.

Shitanda avers that posting of the photos is unconstitutional.

The matter is set to be mentioned on March 5, 2019.

Inspectorof General Police Joseph Boinett and DCI boss George Kinoti have been named as respondents in the case.

 

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