A former police officer has moved to court to block his prosecution over an alleged sexual assault on a minor.
Dickson Ndemo has accused a senior cop stationed at Jogoo House in Nairobi of using his powers to have him prosecuted to settle scores.
The minor is the daughter of the senior officer. In his affidavit, Ndemo said his prosecution was hatched and orchestrated by the parent of the minor.
In 2015, Ndemo was investigated by the officer in charge of Shauri Moyo police station over the allegations. It was concluded that he was not culpable and cleared of the allegations.
At that time, he was living at the Shauri Moyo police quarters before joining the Kajiado county assembly.
“The investigations were anchored on a malicious complaint of the said minor on the prompting of her father who had a bone to pick with me. The resultant report clearly exonerated me,” Ndemo says.
His file was forwarded to the DPP who said there was no evidence to have him charged.
The DPP wrote the recommendation to the Shauri Moyo police station.
Ndemo says the minor’s father was infuriated with the report and commenced a unilateral process leading to reopening of the file for “purported fresh investigations to lead to a predetermined conclusion”.
He said the reopening of the file was triggered by malice and ulterior motives which amount to unfair administrative action.
“I have reliably learned that the DPP and DCI have issued warrants of arrest against me on the strength of a complaint lodged by the said father of the minor,” Ndemo says.
He says the threat to arrest, detain, charge and prosecute him is real and that it will jeopardise him.
He wants the court to quash the DPP’s directive to arrest, charge or prosecute him on allegations of indecent act against a minor. Ndemo also wants an order barring the DPP and DCI from arresting, detaining, charging him on allegation of indecent acts with a child.
Ndemo said the DPP is being pushed by the department of police to have him charged.
“The two state organs are acting on mere suspicion based on a one-sided story,” Ndemo said.