Officers summoned over Gatundu South MP Moses Kuria release saga
Disobedience of court orders during the arrest of Gatundu South MP Moses Kuria over assault allegations early last year have returned to haunt the State after senior officers at Kilimani police station were summoned for contempt of court.
Milimani Senior Principal Magistrate Kenneth Cheruiyot issued the summons to have former Kilimani DCIO Fatuma Hadi, deputy sub county police commander Aden Mohamed and deputy OCS Martin Fwambwa to appear in court in person on September 9 to explain why they defied the order in January 10, 2020.
This is after Kuria through lawyer Geoffrey Omenke filed contempt of court proceedings against the three senior officers, who have since been transferred from the station, for failing to comply with a court order to have him released from police cells pending his prosecution.
The court had ordered Kuria’s release after paying a cash bail of Sh50,000.
“Despite being duly served with the said order and notice of penal consequences, the officers completely failed and refused to comply.
That blatant refusal to obey a valid court order is in contempt of court and punishable by law,” MP Kuria says in his application.
He now wants officers Fatuma, Mohamed, Fwambwa jailed for defying court orders.
“That an order of committal be made against the three officers to prison for such a period as the court may seem fit for contempt of court, “ Kuria adds.
The MP had moved to court on the day he was arrested seeking orders compelling police to release him from the cells so as not to spend the weekend in custody as he waited to take plea for allegedly assaulting TV commentator Joyce Wanja.