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Daniel Baru Nyamohanga Vs The Director Of Public Prosecutions & 3 Others - MIGORI HABEAS CORPUS

  • 9 June 2018
  • Author: Judy Lema
  • Number of views: 2542
  • - Comments

KNCHR lawyer Victor Kamau (C), Baru Nyamohanga's wife Rebecca and father Chacha at Migori High Court (Photo Courtesy - The Star)

On the 12th of January 2017 at approximately 18:00 Hrs. the 1st Petitioner Daniel Boru was arrested while aboard motor vehicle registration number KBX 322E at Kehancha Market by administration police officers from Kehancha Administration Police Post. He was arrested alongside other persons. All the arrested persons were taken to Kehancha Police Station.  The arrests of Boru and the other 5 arrested persons were only recorded in the Occurrence Book (OB) on 13th January, 2017 at 20.30Hrs. According to the relevant entry in the OB (OB No. 28/13/1/2017) the six were suspected of committing the offence of robbery with violence. Notably, the police records do not name any complainant.   Boru was not told why he had been arrested and was being detained.

On the 16th January 2017, he, together with the people arrested alongside him, were driven to the compound of Kehancha Law Courts. They were however not presented before a court but instead driven back to Kehancha police station and locked in the cells. On the 17th of January, 2017, the 5 people who were arrested alongside the Boru were taken to Kehancha Law Court, bonded to keep peace and later released. He remained behind in the cells.The wife went to see her husband the following day but was not allowed but she was able to see him on January 14, 2017 at around 10:00 AM.

Baru was then taken to Kehancha Law Courts on Monday January 16, 2017 at around 9:00 AM but was not arraigned with others and was taken back to the cells. His wife said she followed him to the Kehancha Police Station where she saw him but was not allowed to speak to him. She again visited the police station the following day at 9:00 PM and saw those who had been arrested alongside her husband taken to court and released while her husband did not accompany them to the court. From the court, she went back to the police station where she managed to speak to her husband around 4:00 PM.

The father of three told her that he had asked for Kshs. 35,000 that was taken away from him when he was arrested and he was separated from others.She came back at the station the following day requesting to see her husband but was told at the report office that he had been released the previous day. “She sought to and met the OCS who told her who told her that he had released the first petitioner (Baru) the day before at around 11:00 AM,” Boke’s statement on a judgment made on July 31, 2018 states.

The Kenya National Commission on Human Rights filed a habeas corpus on behalf of the family . The Kehancha police station OCS Kipsaina Serem was ordered to produce Mr Baru whether dead or alive in any court of law on June 4th, 2018. During a mention of the case on June 5th, 2018, the OCS Mr. Serem said he couldn’t produce Mr. Baru since he had released him .While delivering the ruling in regards to the contempt of court case against the OCS, Justice Mrima said there was every reason for the IG to take the mater seriously since the life of a person was involved. Baru’s father Nyamohanga Chacha asked the government to find his son since his family solely depended on him and further requested that his son be produced whether dead or alive . The hearing of the contempt of court will be on June 27, 2018 where the IG Mr Boinett is expected to attend and explain the disappearance of Mr Baru. 

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