In their formal complaint to the Inspector General of Police, titled “Formal Complaint and Request for Independent Investigation into the Conduct of CI James Lenaso and the Exercise of Police Powers,” the activists specifically questioned what they described as attempts to revisit a matter that had already been heard and determined by a competent court.
Human rights defenders Kimutai Kirui of the Centre Against Torture and Juma Akumu of the Eldoret Social Justice Centre address the media in Eldoret on their call for an independent investigation into the alleged conduct and exercise of police powers at Eldoret Central Police Station.
By Hubzmedia Reporter
A section of human rights defenders in Uasin Gishu County has called for an independent investigation into the professional conduct of Chief Inspector James Lenaso, the Officer Commanding Station (OCS) at Eldoret Central Police Station, raising concerns over the alleged abuse and misuse of police powers.
The human rights defenders, led by Kimutai Kirui of the Centre Against Torture and Juma Akumu of the Eldoret Social Justice Centre, have formally petitioned the Inspector General of Police seeking a thorough investigation into the conduct of the senior police officer and the manner in which police powers have allegedly been exercised in several cases.
The activists say their concerns extend beyond individual complaints and raise broader questions about the treatment of suspects, the use of police powers and the handling of matters that they contend have already been heard and determined by courts.
In their formal complaint to the Inspector General of Police, titled “Formal Complaint and Request for Independent Investigation into the Conduct of CI James Lenaso and the Exercise of Police Powers,” the activists specifically questioned what they described as attempts to revisit a matter that had already been heard and determined by a competent court.
“Where a party is dissatisfied with a judicial determination, the law provides established appellate mechanisms through which such a decision may be challenged,” the complaint states.
The human rights defenders are asking authorities to establish the legal and factual basis for any subsequent police action relating to the matter and determine whether such action is consistent with the law, the court’s determination and constitutional safeguards governing the exercise of police powers.
Activists raise concerns over alleged profiling
Speaking in Eldoret, Kirui alleged that there was a growing practice in which suspects were photographed while in police custody and their images subsequently circulated on social media.
“Police now are being bloggers to their bidding on social media. A suspect is arrested, photographed in the police custody, and sent to bloggers to circulate,” Kirui alleged.
He argued that such practices could undermine the presumption of innocence, particularly where individuals are publicly portrayed as criminals before their cases are determined by a court.
“The presumption of innocence is now being broken,” Kirui said, arguing that publicly profiling suspects as dangerous criminals before the conclusion of legal proceedings was unlawful.
Kirui said the Centre Against Torture had submitted complaints through the relevant police command structures and had also raised concerns with the Office of the Director of Public Prosecutions (ODPP).
He said one of the complaints involved a person he alleged had been profiled on social media in connection with a money transfer involving a complainant.
The activist further questioned the handling of several individuals who, according to him, had been arrested and subsequently released, arguing that authorities should establish the basis for subsequent investigations and prosecutions.
Allegations of extortion
Kirui also made serious allegations of extortion and improper demands for money from suspects, claims that have not been independently established.
“Criminal justice is now being turned into a commercial enterprise where suspects are arrested, intimidated and extorted in the name of cash bail,” Kirui alleged.
He claimed that some suspects were allegedly required to provide money before being released, and that individuals who later returned seeking their money were subjected to further police action.
Kirui also raised concerns about the treatment of bodaboda operators, alleging that some motorcycle owners whose bikes had been taken into police custody were subjected to additional financial demands before the motorcycles could be released.
These allegations could not be independently verified at the time of publication.
Human rights defenders cite Boniface case
Akumu, a human rights activist working with the Eldoret Social Justice Centre, also criticised what he described as the alleged misuse of police powers.
He said their concern was not with legitimate police enforcement but with what he described as the alleged use of police authority to intimidate or extract money from citizens.
“We are not against police officers doing their job. We 100 per cent support what police officers are doing, but we are against the abuse of police power and misuse of the police uniform to extract money rather than enforcing the law,” Akumu said.
Human rights activist Juma Akumu of the Eldoret Social Justice Centre addresses the media in Eldoret, highlighting concerns over the alleged misuse of police powers and calling for an independent investigation into complaints raised against the Eldoret Central Police Station.
Akumu referred to the case of a man identified as Boniface, alleging that he had initially been arrested and released on cash bail before later facing a more serious allegation.
“At what point did Central Police Station realise that Boniface was a notorious, dangerous armed gangster? Is it after coming back to ask for his money?” Akumu questioned.
He further alleged that Boniface had subsequently been profiled on social media through a blogger whom the activists claimed had links to the OCS.
“Since when do we have this kind of a policy where the guilt of an individual is proven through social media?” Akumu asked.
The allegations regarding the blogger, the alleged link to the police station and the circumstances surrounding Boniface’s arrest and subsequent proceedings remain claims by the activists and were not independently verified.
Legal action against bloggers over alleged defamation
The human rights defenders also said they have taken legal action against bloggers whom they allege are being used by the OCS to profile and publicise information about suspects.
According to the activists, they have filed a lawsuit on behalf of their clients over alleged defamation, arising from the publication and circulation of content that they say portrayed their clients as criminals.
The activists argue that such publications could cause reputational harm, particularly where individuals are facing investigations or court proceedings and have not been convicted.
“We have taken legal action against the bloggers because our clients have been profiled and portrayed in a manner that damages their reputation. We want the court to determine whether the publications amounted to defamation,” the activists said.
Kirui and Akumu said the legal action is separate from their complaint to the police authorities and is intended to challenge what they consider to be unlawful profiling and reputational harm suffered by their clients.
They further called for investigations into the circumstances surrounding the alleged sharing of suspects’ photographs and information with bloggers.
However, the claim that the bloggers were being used by the OCS remains an allegation by the activists and has not been independently established.
Complaint submitted to police and ODPP
The activists said they had forwarded their concerns to the Inspector General of Police through the Uasin Gishu County Police Command, with copies also sent to the County Criminal Investigations Office (CCIO) and the Office of the Director of Public Prosecutions.
They said they had requested the ODPP to review or recall a file connected to one of the cases they were challenging.
Akumu also questioned what he described as the continued presence of Lenaso within the region despite changes involving other officers.
“Why is he becoming an immovable fixture in this county? Other officers are being transferred, but he has never been transferred,” Akumu alleged.
He further called on the Inspector General of Police to investigate claims concerning the officer’s alleged connections to senior security officials.
“We want to ask the IG, is James Lenaso above the law? How can a file that was heard before a court of law and determined be recalled and reintroduced?” Akumu asked.
The activists described the alleged conduct as matters requiring investigation rather than conclusions that had already been established, and urged the police leadership to independently examine their complaints.
County police commander responds
Uasin Gishu County Police Commander Wilberforce Shicharani said he had not yet received the complaint submitted by the human rights defenders and was therefore not in a position to respond to the allegations.
Shicharani said he would only be able to comment once the complaint had been received and reviewed by his office.
“I have not yet received the letter submitted to my office, and therefore I am not in a position to respond to the issues raised,” Shicharani said.
The county commander’s position leaves the allegations raised by the activists awaiting a formal response from the police command once the complaint is received and considered.
Eldoret Media Hub, a working space for journalists based in Uasin Gishu County set up by the Uasin Gishu Journalists Association (UGJA) through a Media Council of Kenya (MCK) grant.
The facility was officially opened in August 2021 by the MCK Chief Executive Officer David Omwoyo.
