Police actions making State pay for rights abuses: Ogeto

What you need to know:

  • Mr Ogeto said arbitrary arrests, detention, obstruction of justice and other abuses keep rising despite attempts by the Independent Police Oversight Authority to address them.

  • He said in some instances, the government has been sued and found liable for transgressions committed by officials against citizens, including police. 

  • The principal assistant to the Attorney-General added that a recourse to officers who violate their constitutional mandate is to have them held personally responsible.

Police are to blame for the billions of shillings the government has had to compensate victims of rights abuses, Solicitor-General Ken Ogeto has said.

Mr Ogeto added that arbitrary arrests, detention, obstruction of justice and other abuses keep rising despite attempts by the Independent Police Oversight Authority to address them.

Also highlighted by the Solicitor General were corruption within the service, malicious prosecutions, damage to property and other abuses.

“The state law office takes seriously complaints about bad governance, impunity and rights violations,” Mr Ogeto said in Nairobi.

RECKLESS OFFICERS

“In some instances, the government has been sued and found liable for transgressions committed by officials against citizens, including police.”  

The principal assistant to Attorney-General Kihara Kariuki added that a recourse to officers who violate their constitutional mandate is to have them held personally responsible.   

“The innocent taxpayer cannot continue to shoulder the burden of reckless public officers,” he said.

“The attainment of good governance and the rule of law will require a collaborative and constructive engagement strategy as opposed to finger-pointing.”

UNNECESSARY LITIGATION

Mr Ogeto’s concerns came as Ipoa’s inaugural board said it received at least 9,000 complaints during its term.

The board presented its end of term report to Interior CS Fred Matiangí on Monday.

Mr Kariuki’s predecessor Githu Muigai once suggested that State officers who occasion unnecessary litigation against the government be held to account.

Prof Muigai, however, left office in March before implementing his proposal.

SUCCESSFULLY SUED

By the end of 2017, the government had paid at least Sh3 billion to former political prisoners.

Kenneth Matiba was awarded Sh1.5 billion in 2016 for his detention in the early 1990s but had not received the cash by the time he died last month.

Others who have successfully sued for compensation are former Subukia MP Koigi Wamwere and Mr Otieno MakÓnyango.