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Former Kamukunji OCS in court over sexual harassment charges

Former Kamukunji Chief Inspector Samir Yunus was on Wednesday charged with sexual harassment and abuse of office. The police officer is said to have taken advantage of his position of authority to sexually molest another police officer.

According to court documents, the Ruiru-base commander, who was arrested on Monday, arraigned at the Milimani Law Courts and charged before Chief Magistrate Wendy Kagendo with an offense of allegedly having sex with a woman at Dandora Police Station in 2019.

Mr Yunus was apprehended by Internal Affairs Unit detectives on Monday December 5, 2022 under the OB number 18/5/12/2022 at 11:58am.

His arrest follows a 2020 directive by the Inspector General of Police to IAU to investigate the officer’s conduct after female officers from Kamukinji and Dandora Police Stations complained that he was using his position to sexually harass them.

One officer particularly accused Inspector Yunus of raping her and performing an unnatural act with her.

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Upon completion of the investigations, the unit recommended that he be charged with rape but upon reviewing the file, the Office of the Director of Public Prosecutions (ODPP) recommended that he be charged with abuse of office contrary to section 249 (2) (a) of the Sexual Offences Act.

“We therefore direct that the suspect C.I. Samir Adhuman Yunus be charged with the abuse of position of authority with particulars reading that being an Officer Commanding Police Station, he took advantage of his position of authority and had sexual intercourse with the victim within the limits of that police station,” the recommendation reads in part.

Section 24 (2) of the Sexual Offences Act says any person who is a law enforcement officer takes advantage of his or her position and has sexual intercourse or commits any other sexual offence within the limits of the station to which he or she is appointed, commits an offence of abuse of a position of authority and is liable upon conviction to imprisonment for a term of not less than 10 years.

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In July this year, the Police Reforms Working Group-Kenya complained that Mr Yunus was still in office despite having multiple allegations of human rights violations including rape and assault.

When the allegations first came up in 2020, 10 female officers recorded statements but action was not taken against the officer.

Instead he was transferred to Pangani Police Station and later to Mombasa Police Station which was viewed as a promotion going by the size of the station.

The Independent Policing and Oversight Authority (IPOA) also launched investigations into the allegations at the time.

Last year, the officer was also accused by Constable Viviana Williams of intentionally frustrating a case in which she had been duped into buying fake Sh80,000 phone from a Mombasa businessman from whom she was demanding a refund.

The accused denied the charges and was released on a bond of Sh500,000 or alternatively cash bail of Sh200,000. The case will be mentioned on December 20, 2022.

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