Police officers face charges for assaulting Mlango Kubwa MCA
The Officer Commanding Central Police Station (OCS) has been ordered to arrest and produce in court three police officers to face justice for beating up Mlango Kubwa MCA Patricia Mutheu at the City Hall three years ago.
Milimani senior principal magistrate Gilbert Shikwe ordered the OCS to arrest James Mwaniki Thathi, Gibson Masika Barasa and Edward Mutuma M’Amburubwa and produce them in court February 28, 2023 to answer to a criminal charge.
A state prosecutor filed a charge of assault causing actual bodily harm against police constables Thathi, Barasa and Mutuma.
The trio is charged with assaulting Ms Musyimi on July 28, 2020, at City Hall within the Central Business District Nairobi.
“I apply for a warrant of arrest to be issued against Thathi, Barasa and Mutuma for assaulting and injuring MCA Patricia Mutheu Musyimi,” a state prosecutor prayed.
The magistrate allowed the plea then issued a warrant of arrested requiring the OCS to arrest the three serving officers.
Independent Police Oversight Authorty (IPOA) and detectives begun investigations against police officers captured on camera beating up the Mlango Kubwa MCA Patricia Mutheu at the City Hall.
In her statement, Ms Mutheu narrated how she was allegedly assaulted by an officer identified as John Mwaniki Thathi while she was seated alone at the county assembly’s and lounge.
The MCA explained how her encounter with the officer turned violent after he asked her why she did not run away when she saw him.
She said she did not run away because she had done nothing wrong and that City Hall was her workplace.
She added that her answer did not go well with the officer who started raining blows on her.
This is when the three other officers joined in flogging her.
“My client was not only caused grievous bodily harm but was also mentally tortured. We are filing a case on indecent assault and physical assault. My client was shocked that the police who should have protected her ended up beating her up,” Mr Ombeta told the IPOA officers.
He also alleged that the police officers touched his client indecently yet they knew that they should have brought a female officer to handle her instead of doing it themselves.
Following the incident, Ms Mutheu was admitted to the Nairobi Women’s Hospital for a day. She presented her medical documents at the police station as she recorded her statement and filled a P3 form.
“In assault cases, the P3 form is a crucial document because an expert must say and ascertain that she was assaulted. That is the basis of this case,” the DCI officer investigating the case said.
Recounting the assault to Nairobi News, the MCA said it was a painful and harrowing experience.
On the fateful day, drama unfolded at the Nairobi County Assembly after a group of MCAs stormed City Hall seeking to file an impeachment notice against Speaker Beatrice Elachi.
The rowdy MCAs clashed with police officers who had been stationed at the assembly to prevent them from accessing the chambers, to Ms Mutheu’s assault.
Former Interior CS Fred Matiang’i publicly condemned the police officers involved in the ensuing fracas and urged the Inspector-General of Police and the Independent Policing Oversight Authority (IPOA) to follow up the matter.
Consequently, the CS directed that everyone at the Nairobi County Assembly be disarmed forthwith and their gun licences withdrawn.
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