Magistrate accused of calling in police who lobbed tear gas canisters at neighbours house for playing loud music
The case in which a pregnant woman and children were teargassed at a house party failed to start on Wednesday as the defendant was unavailable.
Magistrate Eva Kaimenyi was attending to other duties, the court heard.
Pascal Kaleli, his brother Keith Kaleli and a friend, Collins Mwau are the complainants. They were arrested by police who lobbed teargas at guests attending their house party in 2017.
Some of the people were injured.
The three said the officers from Kayole police station, led by the deputy OCS, shot in the air and lobbed teargas canisters at the house, after Kaimenyi, Pascal’s neighbour, reported they were playing loud music.
Pascal said the magistrate banged his gate and rudely ordered him to end the party.
"I asked my neighbours whether any of them was disturbed by sound from my house and none had an issue," he said.
Pascal said Kaimenyi left and came back with police officers who were on patrol but the officers left after they determined that the music was not loud.
About 20 minutes later, six policemen in anti-riot gear arrived at pascal’s house saying they had instructions to arrest everyone.
Pascal’s two daughters – nine months and two years old – his brother's pregnant wife and other relatives were inside the house.
"I came out and told the police that my wife had fainted due to suffocation but I was bundled into their vehicle," Kaleli said.
The three were taken to the police station where they say they were beaten before being locked up overnight.
Pascal suffered injuries to his backbone, ribs and head.
"After beating us for almost half an hour, they ordered me to lie down and a gun was placed near my left ear before it was fired."
They were released on Monday. The three said officers at the station refused to record the incident in the occurrence book until Tuesday.
But Kayole police commander Joseph Gichangi said officers on patrol responded to a distress call.
Gichangi said Kaleli declined to open the door for officers after a neighbour complained of noise from the house.
"One of the men at the party jumped at an officer and bit his finger. A commotion ensued during which one of the officers fired the teargas," he said.
Gichangi said the three have never complained of being beaten but the complaint will be investigated.
City Hall magistrate Rosaline Aganyo postponed the hearing to June 17, 18 and 19.