Kilio Cha Myonge! What Stephen Mwangi Has Gone Through In The Hands Of A City Cop… Pray To Your Maker Your Path Doesn’t Cross The Cop’s
A poor caretaker of a parcel of land off Ngong Road must be cursing why he took the job following what Kenya Police Corporal Joseph Kiragu did to him.
Sometimes in February 24th 2016, Young Kenyan Patriots, a youth lobby group, took to the streets to protest against the assault of Stephen Mwangi by Corporal Joseph Kiragu attached to Nairobi area police station under the special crimes prevention unit.
Corporal Kiragu has been accused of assaulting Stephen on the 24th February at his place of work, Pittaway flats Ralph Bunche road off Ngong road, Nairobi Kenya.
The cop is said to be paid by people who are involved in a dispute over the property that Mwangi manages.
Thomas Murima Mutaha and Peter Githo Wallace, directors of Plovers Haunt limited have been battling Mr. Guy Spencer Elms over the ownership of the property where Mwangi was the caretaker.
Corporal Kiragu heavily assaulted Mwangi on the 14th of January 2016 at his station of work before arresting him and detaining him at Kilimani Police Station overnight.
Corporal Kiragu
Mwangi was taken to court where he was charged with forcible entry and released on cash bails of Kes 20,000.
But that was just the beginning of Mwangi’s woes. Corporal Kiragu forcefully confiscated and destroyed the original P3 form belonging to Stephen Mwangi after he reported the matter to the police.
The Corporal has been intimidating Stephen Mwangi knowing very well he doesn’t have the means to seek justice.
On the 28th February 2016, Corporal Joseph is said to have hired goons who demolished structures on the disputed property rendering Mwangi jobless.
Young Young Kenyan Patriots wrote to Independent Police Oversight Authority (IPOA) highlighting the case of Stephen Mwangi.
PUBLIC PETITION BY YOUNG KENYAN PATRIOTS
To
INDEPENDENT POLICE OVERSIGHT AUTHORITY
1stNgong Avenue, ACK Garden Annex.
Po Box 2303500100
Nairobi, Kenya.
On this date: March 2, 2016.
RE:UNWARRANTED, UNLAWFUL AND UNRELENTING HARASSMENT OF A CITIZEN, STEPHEN MWANGI BY CORPORAL KIRAGU OF NAIROBI AREA POLICE STATION
Greetings,
We refer to our letters to you dated 25th February 2016 and 29th February 2016
Your attention herein is drawn to the above subject matter concerning continued harassment of Mr.StephenMwangi a caretaker of the property on land no 209/289/1/3 Pittaway flats Ralph Bunche road off Ngong road, Nairobi Kenya, by Joseph Kiragu, a Kenya police corporal attached to Nairobi area police station under the special crimes prevention unit. (The above mentioned property is in dispute pitting Thomas MurimaMutaha and Peter Githo Wallace the TRUE directors of Plovers Haunt limited versus Mr. Mrs. Guy Spencer Elms, with the matter being in court under civil suits ELC1051 of 2015 and succession case no 955 of 2013.)
ON the 14th of January 2016 Corporal Joseph Kiragu heavily assaulted Stephen Mwangi while at his station of work before arresting him and detaining him at Kilimani Police Station overnight. On the 15th January 2016, Stephen Mwangi was arraigned in court alongside fourteen jobseekers arrested with him on the 14TH January 2016,where they were charged with maliciously and well calculated trumped up charges of FORCIBLE ENTRY CONTRARY TO SECTION 90 OF THE PENAL CODE and released on cash bails of Kenya Shillings Twenty Thousand (20,000/=) each. (Copies of the charge sheet is hereto annexed and marked A1)
UNDERSTANDABLY this first arrest of Stephen Mwangi was intended to intimidate and coerce him to witness in favor of Guy Spencer Elms in the succession case 955 of 2013 and civil suit ELC 1051 of 2015 against his employers, the True Directors of Plovers Haunt Limited.
CURIOUSLY on the 24TH February 2016, upon reading reports of assault charges against himself in the Star Daily, 24th February edition, Corporal Kiragu arrested Stephen Mwangi and three other assistant caretakers while at their station of work, forcefully confiscated Mwangi’s Original P3 Form, before detaining them at Kilimani Police station and arraigning them in Milimani courts on the 25TH February 2016 where they were fraudulently charged with FORCIBLE DETAINER CONTRARY TO SECTION 91 OF THE PENLA CODE. Deliberately this malicious second arrest was calculated to intimidate and subdue the pressing of assault charges that Stephen Mwangi and his coworkers have instituted against Corporal Joseph Kiragu.(Annexed hereto and marked B1 and B2 is a copy of the charge sheet and a copy of the Star Daily 24th February 2016 edition.)
ALARMINGLY, the arrests of Stephen Mwangi not only negate the principles of natural justice by suffering Stephen Mwangi double jeopardy, but are also grossly contemptuous and prejudicial tocourt processes ELC 1051 of 2015 and succession case 955 of 2013 that seek to pursue the dispute matters concerning the said property to their logical legal conclusion and serve justice to parties involved and are also fraudulently obtained through misapplication of the law and complete abuse of court process.
FURTHER, acting on his own, on the 28th February 2016, without notice and whatsoever any justifiable reason Corporal Joseph Kiragu led hired goons and under his strict instructions led them in demolition of existing structures on the disputed property. This was in complete violation of an existing Court Order issued by the High Court of Kenya ordering PRESEVATION OF THE PROPERTY under section 45 of the Law of Succession Act Cap 160on 5th May 2015. This unlawful act not only rendered Stephen Mwangi jobless but destitute and homeless following demolition of the simple structure that was his only dwellings. The uncouth manner in which the demolition was done also led to loss of all of his personal belongings including certificates and other crucial documents. This is gross violation ofconstitutionally guaranteed, fundamental rights Stephen Mwangi enjoys under chapter 42 of the Constitution and must not be allowed.(Annexed hereto and marked C1 is a copy of the Court Order issued by the High Court of Kenya.)
APPREHENSIVELY we note that the extremely overzealous actions and unexplained interest in the disputed property from Corporal Joseph Kiragu that has resulted in unrelenting harassment of the True Directors of Plovers Haunt limited and their direct agents, not only pointedly indicate that he is unlawfully holding brief and furthering and protecting the interest of Guy Spencer Elms but also glaringly display dangerous wanton abuse of power and utter disregard of law by Corporal Joseph Kiragu.
Therefore we seek the expedited assistance of your office in;
1.Ensuring the immediate arrest and prosecution of the larger than life Corporal Joseph Kiragu for assault as sought by complainants and also for the violation of Stephen Mwangi’s constitutionally guaranteed Basic Human Rights under chapter 42 of the Constitution.
2.Immediate suspension of this rogue Corporal Joseph Kiragu pending interrogation into his relationship with Guy Spencer Elms and a comprehensive lifestyle audit and fresh vetting of Corporal Joseph Kiragu in the interest of guaranteeing public interest as envisioned in Chapter Six of our Constitution and in the National Police Service Act. We urge for thorough investigation into the sources of his immense wealth and his associations with well-known Land fraud cartels.
3.Securing the interest of justice by ensuring that Joseph Kiragu should account and explain on whose orders or what court order he is relying on to determine the status quo of the said property, warranting his forceful evictions and imposition of guards and caretakers .What authority does Joseph Kiragu have to sanction and place under orders armed Administration Police guards at the property who are only supposed to report to him directly.
4.Ensuring that Corporal Kiragu, his agents or any other party should not interfere or involve themselves with the disputed property on Land No 209/289/1/3 Pittaway flats, Ralph Bunche road off Ngong road without the due sanction and approval of the court.
5.Eliminating the threat of besmirching gains made in police reforms posed by Corporal Joseph Kiragu by disassociating the Police Force from his unlawful rogue conduct and unprecedented disregard for the rule of law. Indeed Corporal Kiragu remains a sore disgrace and puts in disrepute the ethos, guiding values and visionary strategies of the Kenya Police Service and a great threat to the fair administration of justice.
6.Holding accountable corporal Kiragu for any unnatural harm that will come on the way of the True Directors of Plovers Haunt Limited and or their direct agents.
CC
Inspector General of Police
National Police Service Commission
Ethics and Anti-Corruption Commission
Signed by
MARKMOSES MAINA
National Chairperson.
Young Kenyan Patriots
www.youngkenyanpatriots.com
Tell: +254720037685
