NAIROBI, Kenya- Former Deputy President Rigathi Gachagua has accused police officers at Kamukunji Police Station of defying a High Court order directing the release of Mukurwe-ini MP John Kaguchia upon payment of a KSh100,000 police cash bail.
In a statement issued on Monday night, Gachagua said that the High Court had ordered Kaguchia’s immediate release, but alleged that the Officer Commanding Station (OCS) at Kamukunji Police Station had continued to detain the legislator despite being served with the court order.
“The High Court of Kenya has ordered the immediate release of Hon. John Kaguchia from police custody upon payment of a police cash bail of KSh100,000,” Gachagua said.
He said that the OCS was acting on instructions from senior officers and urged him to comply with the court’s directive.
“The OCS of Kamukunji Police Station is being misled by his seniors into ignoring the court order, which has already been served upon him, and continuing to detain Hon. John Kaguchia,” Gachagua said.
The former Deputy President warned that the station commander could be held personally liable for contempt of court if the order was not obeyed.
“My advice to the OCS is to obey the court order, as he will be held personally liable for contempt of court. When that time comes, his seniors will be nowhere to be found when he is cited for contempt,” he said.
Gachagua also referenced the case involving the former Officer Commanding Station of Central Police Station, who is facing murder charges over the death of teacher and blogger Albert Ojwang.
“He must remember that his colleague, the OCS of Central Police Station, is still in remand prison, charged with murder after obeying unlawful orders to torture the late Albert Ojwang at Central Police Station,” he stated.
Kaguchia was arrested on Monday by officers from the Directorate of Criminal Investigations (DCI) after leaving the Royal Media Services headquarters, where he had spent several hours following claims that detectives were waiting outside to arrest him after a television interview.
He was later transferred to Kamukunji Police Station.
His arrest has drawn condemnation from several opposition leaders, including Gachagua, Kalonzo Musyoka and other allies, who have accused the government of selectively applying the law against political opponents.
Under Kenyan law, a court order directing the release of a suspect on cash bail is binding unless it is lawfully varied, stayed or set aside by a competent court.
Failure to comply with such an order may expose public officials to contempt of court proceedings.
