Two General Service Unit (GSU) officers have denied assaulting suspects and stealing KSh1.2 million and 2.57kg of gold from them in Isebania, Migori Couty.
Appearing before Kisii Law Court Resident Magistrate Dorcas Mac’andere, Inspector Zachary Ojwang and Assistant Superintendent Robert Kirui acknowledged their presence at the scene of the alleged crime but denied the assault and robbery allegations.
Over 30 GSU officers from Kilgoris and Makararangwe police stations were caught on CCTV camera assaulting five suspects in an entertainment joint and a gold processing plant. Together with Kenya Revenue Authorities, the said officers had raided the two locations.
Three of the five suspects, Joseph Marwa, Mwita Mohammed and Dominic Kilonzo, were previously charged with possession of uncustomed goods contrary to section 200 (d) as read with 210 and 211 of the East African Community Management Act 2004.
They were charged that on the 18th March 2021, at Isebania town, they were jointly found in possession of three drums each containing 50kgs of Sodium cyanide with an equitable value of KSh53,796.
The other two suspects, Denis Sabas and Samuel Chacha were charged on 18th March 2021. It is alleged that they were found in possession of uncustomed goods which had been removed without the authority of the commissioner of domestic taxes. They evaded paying an exercise duty of KSh67,060.
The uncustomed goods included; 13 bottles of Balimi extra lager, 30 bottles of Serengeti premium lite, 14 bottles of Pilsner, 25 bottles of Guinness, 24 bottles of Kilimanjaro premium lager, six bottles of Windhoek.
All the five suspects pleaded not guilty and were released on a cash bail of KSh30,000 each.
The five suspects’ lawyer, Mwita Kerario, wants the court to allow the Independent Police Oversight Authority (IPOA) to conduct an investigation into the GSU officers.
In her ruling, Justice Mac’andere agreed that IPOA should commence investigations and the court should not be involved.
However, Justice Mac’andere said that IPOA’s investigations into the assault allegations against the GSU officers will not stop the court from prosecuting the five suspects.
The case will be heard on 15th May 2021.