A warrant for arrest has been issued against Nairobi Criminal Investigation Officer Nicholas Kamwende for contempt of court.
The county top detective had been ordered to release a
passport belonging to a German national
Richard
Boack but failed to comply.
The foreigner is suspected to have been conning people using fake gold.
Milimani Senior Principal Magistrate Martha Mutuku issued the warrant after Boack 's lawyer John Ogada told the Court that Kamwende had not complied with the summons.
‘’The officer has contemptuously disobeyed the order of the court dated May 26 2017,” the lawyer said.
Kamwende is said to have unlawfully detained Boack’s passport to effectively deny him a chance to apply for a visa before its expirty on May 28 2017.
Boak had obtained court orders stopping his deportation on the strength of an impugned order by CS Joseph Nkaissery declaring him a prohibited Immigrant.
Court then directed the CCIO to release Boack’s passport which he did not.
Boack was arrested by detectives at the at Deep West Resort, Lang’ata, Nairobi.
“I have been living in Kenya on a valid visa and currently staying with my girlfriend at the Deep West Resort…” the German states in an affidavit.
He goes on to say that the allegations by police that he is a fraud are not true.
“The averment that the police obtained yellow nuggets which appeared to resemble gold in my possession is not true as that alleged evidence was not presented before the court,” Boack’s affidavit reads.
He has accused Kenyan police of maliciously holding into his passport till it's expiry so that he is deported.
On May 11, 2017, the police sought to detain him for 14 days for investigations but the application was dismissed.
The warrant is to be executed by June 28, 2017.
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