A Nairobi court has freed four police officers linked to a Sh2 million botched robbery at a city forex bureau without any charges preferred against them.
However, the four are not yet out of the woods as they will now be subjected to internal disciplinary action by the National Police Service.
While releasing the officers, Senior Principal Magistrate Bernard Ochoi observed that the officers should uphold the police “Utumishi Kwa Wote (service to all) moto while discharging their duties.
Daniel Wambua Mthini, Eliud Kipkurui Bor, Stanley Gitonga and Nicholas Murira were released after the investigating officer informed the court that he did not find evidence linking the suspects to the alleged robbery.
“After interrogating the suspects and following other leads, I did not find any evidence linking the suspects directly to the botched forex bureau robbery,” the investigating officer stated.
The officer added that an inquiry file had been opened to probe the matter administratively under the national police standing orders and rules.
“The four officers will now be subjected to internal administrative process under the National Police Standing Rules and Procedures,” the court heard.
Mr Ochoi further directed that cell phones confiscated from the officers be returned to them within 14 days. The officer said the phones were retained for forensic examination after the officers were arrested on Monday.
Defence lawyer Zachariah Mwambi Benson Wamwote had applied to have the cell phones returned to the suspects to enable them to communicate with their relatives.
But prosecution counsel James Gachoka had opposed the return of the phones saying they formed part of the investigations. The officers were arrested on January 9.
The court was told a call was received at about 11 am from one Hassan Abdi Omar of Afro Limited at Forex Huten at Lonrho-House on Nairobi’s Kaunda Street.
The caller had withdrawn Sh2,065,000 from Absa Bank Queensway branch and was in the company of Mr Mohamed Hassan when they were confronted.
The court heard that officers pursued the suspects who had boarded a vehicle, Toyota Premio as they drove off with the victims. The police managed to intercept the vehicle before escorting the occupants of the car to Central Police Station to record statements.
Preliminary investigations revealed that the complainant had withdrawn over Sh2 million to enhance his operations at the forex bureau. While on their way out, they were confronted by the suspects who introduced themselves as police officers.
In the process, a tussle arose but the complainant managed to throw the bag containing the money to his security guard.
The court had been urged to grant police time to record statements, and obtain ICT3 footage, bank statements, NTSA data and arms records before preferring any charges against the suspects.
