•Criminal investigations officer Onesmus Towet said he was still going through the file to build a water-tight case
•Officers said to have assaulted Midiwo and his driver at his residence in Milimani estate following a disagreement on Sunday night
Five Kisumu police officers accused of assaulting ex-Gem MP Jakoyo Midiwo and his driver Elisha Ochieng' will be arraigned on Thursday.
County police commander Ranson Lolmodooni said the suspects were to be charged on Wednesday but some technicalities made it impossible.
Criminal investigations officer Onesmus Towet said he was still going through the file to build a water-tight case.
“We don’t want a situation where the suspects will be acquitted over lack of sufficient evidence or technicalities,” he said.
On Tuesday, Nyanza regional police commander Vincent Makhoha confirmed the arrest of the officers.
“The officers are in custody and will be charged with assault,” he said.
They are said to have assaulted Jakoyo and his driver at his residence in Milimani estate following a disagreement on Sunday night.
They later arrested the duo and locked them up at Kisumu Central police station without booking them in the Occurrence Book.
Lolmodooni said the officers were not on official duty at the time of the incident.
“They were not deployed,” he said. The officers are based at Crime Prevention Unit, regional headquarters communication, Kondele, and Railways police stations.
“The officers have been summoned. We are taking their statements before taking further action,” he said.
Lolmodooni said they had recorded a statement from the former National Assembly Minority Leader and given him a P3 form.
Earlier, Lolmodooni said Jakoyo’s driver had been cited for a traffic offense after which the officers followed him to the former legislator’s residence.
“The officers are accused of assaulting Midiwo when he tried to intervene to know what the problem was,” the police boss said.
The two later ended up at the police cells on Sunday night. Lolmodooni said they discovered that Jakoyo was in custody on Monday morning.
He described the incident as unfortunate, saying the officers acted unprofessionally and must be held accountable in order to serve as a lesson to others.
Midiwo said he was woken up by his security guard following a commotion between his driver Ochieng' and five police officers - three men and two women.
“When I woke up I found the officers in my compound. They attacked Ochieng' and when I asked them why they were in my compound, one of them started beating me,” he said.
"The officers were drunk, according to a female officer who tried to intervene after she recognised me during the incident, Midiwo added.
While on my way to Kisumu Central police station to report the matter, Midiwo said the officers followed and attacked him before bundling him into their Probox car.
“They took me to Kisumu Central police station. At the station one of the officers opened the cells, slapped and wrestled me to the ground before locking me up,” Midiwo said.
He added, “I was released upon the intervention of the Kisumu Central police station OCS and OCPD.”
Midiwo and Ochieng' obtained P3 forms to use in filing an assault case against the five.
“I will lodge a complaint with the Independent Policing Oversight Authority. Kenyans cannot continue to have rogue officers in the National Police Service,” Midiwo said.
Kisumu residents have accused police of colluding with criminals to terrorise them. They said some rogue officers operating in a Probox have been terrorising and extorting them.
The armed officers are usually in civilian, mostly operating in Kondele, Milimani estate, town centre and Kisian area on the Kisumu-Busia road. Their victims say they are fond of brandishing guns at them.
Ahmed Obura, a victim, narrated his ordeal in the hands of the rogue officers.
Recently, the officers in a Probox blocked his car and demanded Sh30,000 over a nonexistent offense. “They claimed that I didn’t respect them by hooting at them when they were almost hitting my car,” he said. He has reported the matter.
Last year, Makokha directed that all officers in the region will operate in full police uniform.
“All officers on duty must be in uniform including petty crime and all patrol teams. Those attending court cases to do so in uniform,” he said.
Makokha said only DCI personnel are allowed civilian attire and directed all commanders in Nyanza to note and comply.
The police chief said the action was taken as part of crime prevention strategies in the region.
Makokha warned that stern action would be taken against any officer found armed and not in uniform.
"We want to account for every officer working in the region for effective service delivery to citizens," Makokha said.
He also said that an audit of all firearms and ammunition will be carried out within the region.
“The purpose is to ensure accountability and the number of police firearms which are currently in our possession," he said.