A Kilifi court has directed Ganze sub county police commander Patrick Ngeiywa to issue Ganze Constituency Manager Emmanuel Chai alias Bwenyenye with a P3 form.
Bwenyenye, intends to sue Ganze police officers for attacking and brutally injuring him with a pistol on Sunday night around 2030hrs after he stopped them trying to inquire why they had arrested residents from Mwanda village in Jaribuni ward.
Kilifi Resident Magistrate Daniel Sitati on Friday said a p3 form should be made available to members of the public when they need it.
“A p3 form is a document available to the members of the public under section 35 of the constitution and must be issued to any person who requires it on no pay at all. I direct the in –charge Ganze Police Station to issue the accused with P3,”said Sitati.
It is alleged that the police officers were on a revenge mission in Mwanda village after they were beaten up by another police officer while they were on a drinking spree in the village.
He was handcuffed and locked up at Ganze police station but released some hours later.
Chai served as the Jaribuni ward MCA from 2013 to 2017.
He was arrested on Thursday at Ganze Police station and was driven to Kilifi Police station where he spent a night before being taken to Court on Friday.
Bwenyenye claimed that he had been called by one of the officers from the Directorate of Criminal Investigations (DCI) stationed at Ganze police headquarters to go and collect the P3 form but it turned out that he was to be arrested and processed to go to Court.
His lawyer Gunga Mwinga told the Court that police had refused to issue a p3 form to his client and moved to lock him behind bars and charged him.
“The accused sustained injuries in the course when the offence was being committed and was supposed to be issued by the police. It is our application that the accused be supplied to have it filled for the processing,” said Gunga.
In Court Chai was charged with incitement to violence and resisting arrest.
The charge sheet read, on the 1st June 2019 at 2030hrs without lawful excuse uttered words ‘Police takataka na ni mafisi nyinyi, Kazi yenyu ni kushika bodaboda na kukula pesa. Kujeni tuwapige na tukomboe vijana wetu’ an act which the doing might have brought death or physically injury to any person or police officer.
He was also charged of resisting lawful arrest by Ganze Inspector Police Oscar Pturu on the same day.
Chai was also accused of obstructing police land cruiser along Kilifi –Bamba road junction using his car.
He is out on shs15, 000 cash bail. The case will be mentioned on 18th September and hearing is on October 23rd.
More than ten police officers will testify against Chai. On Monday Ganze MP Teddy Mwambire decried police harassment to the public and taking of bribes in the area and called upon the Government to sack all rogue police officers.
The MP said he has handled many cases involving police and the public and said that in most cases they have been transferred to other areas.
However he said the transfers seems not to be the solution as it seems indiscipline officers from other regions are dumped in Ganze.
“We don’t want these transfers because we are covering many police offenders. Let them be sacked for us to have a clean force,” said Mwambire.
He asked the police bosses to identify rogue officers for action.
Last week a police officer threatened to shoot Ganze OCPD after he moved to address quarrel that had erupted between some police officers who had differed over sacks of illegal charcoal that had been arrested.
Ngeiywa confirmed the incident and said the matter was being handled administratively.