For a long time now, police are well known for detaining a suspect for unnecessary periods with incomplete investigations. They often prefer to take a suspect to court without preferring any allegations only to meet the twenty-four hours constitutional requirement. After that, then the prosecution asks for additional detention time as investigations come to an end. The judiciary has caught inquiry and securities agencies red-handed on the detention case. As per the court, for an arrest to pass the lawful test, there must be significant judgments.
Police are often late for cases
According to Lawyer Felix Kiprono, where the police fall short of reasons for custodial commands, it is fair for the court to release the suspect until the police are ready for trial. Besides, he says the accuser should have adequate proof; it is sensible to be presented in the court setting out the offenses one has committed. The lawyer also means that the Director of Public Prosecution must act by the law. Police should investigate first, come up with substantial evidence then arrest the suspects. He also adds that most of the investigation aspects used even if the suspect is liberated is obtaining call data, securing forensic reports, and taking witness statements. Magistrates are also coming up with essential questions on the motives of the police whenever they present suspects to the court.
The Bar is moved up
In most cases if you are arrested you do not get the chance to know the reasons for the capture. Instead, majority realize the accusations in court when entering the petition. The investigators also use other aspects like securing forensic reports and obtaining call data from suspects’ cellular phones to boost their inquiry. As per the reports from Judges, the police should polish up their investigations before presenting any case in court.
Three years ago, Justice Luka Kimaru rendered a ruling saying that police have no authority to arrest and detain anyone without adequate evidence. Justice Kimaru said that if the trend does not come to an end. It will diminish all the efforts made to advance human rights as well as primary freedoms as per the Bill of Rights.
Mischief outlaid by the police
According to the latest reports from Milimani, there was a case involving two men accused of providing invalid tender documents. The two have a twenty-eight hundred laptop tender, worth one hundred and eighty million Kenya shillings to the office if the vice President. As per the news, they are Mr. Solomon Mwema and Mr. Charles Kamolo, arrested on 12th March in Nairobi and detained in Parliament police station. Police presented them in court the following dayafternoon . The magistrate recognized the act as mischief as the police had the aim to keep the two men under custody.
Conclusion
It is high time for the police department to ‘wake up’ and start treating everyone as they should. Take time to know suspects, tell them the accusations before taking them to court and reduce the harsh treatment, including thorough beating. Let us observe human rights and freedom to make the world a better place.
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