Sunday, July 10, 2011

Gesami says police raid was unlawful, malicious

Public Health assistant minister James Gesami has told the group opposed to the proposed constitution to forget about the Gusii vote July 6, 2010.  Photo/FILE
Public Health assistant minister James Gesami, who was admitted at Karen Hospital is being sought by police for alleged misuse of CDF money. Photo/FILE
By  LUCAS BARASA, lbarassa@ke.nationmedia.com
Posted  Sunday, July 10 2011 at 14:51

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An assistant minister is fearing for his life after police allegedly unlawfully and maliciously raided his rural home in pretext that he was wanted by the anti-graft agency.
Dr James Gesami of Public Health and Sanitation said 12-armed policemen from Manga Police Station went to his home in West Mugirango in two vehicles at 1 am on Thursday.
“The police entered my home uninvited and without warrant hence violating my privacy rights. They even stooped as low as searching for me under my ailing mother’s bed,” Dr Gesami said in a statement on Sunday.
The West Mugirango MP added: “My contention is that the raid was illegal as there was no such warrant of arrest.”
He said the arrest would only have been legal if the arresting authority had reasonable grounds to believe that he was within the premises, if proper announcement was made and that the officer believes reasonable grounds for the arrest exists.
“Except in exigent circumstances, police should give notice of presence by knocking on the door, give notice of authority by identifying themselves as law enforcement police officers and give notice of purpose by stating a lawful reason for entry,” Dr Gesami said.
Before forcing entry, he added, police should at minimum, request admission and have it denied.
“I now fear for the safety of my life as I am not sure why the police would be looking for me at such odd hours. I have not resisted arrest. I have not got summons for my arrest, and I have had no indication from the arresting authorities of their intention to arrest me,” Dr Gesami said.
He said he has been carrying out his duties at Afya House and Continental House before leaving for the MPs conference in Mombasa on Wednesday.
Dr Gesami said a Mr Bosire from the Kenya Anti-Corruption Commission called him at “7.00 am in the morning to tell me that my mobile phone indicated that I was in Nairobi.”
“I told him that I was not in Nairobi but in Mombasa for the Speaker’s conference and that I would send my lawyer, Mr Ochieng Oduol to represent me in whatever he wished to talk to me about.”
Dr Gesami said Mr Oduol met Mr Bosire at 11 am and was told to “come with me to Integrity House on Monday.”
“I, therefore find it difficult to comprehend the arbitrary search for me in my house.
 KACC and the police have the capacity and the means to establish my whereabouts, as a Member of Parliament as well as an assistant minister in the Republic of Kenya.”
He said Kacc should have established his whereabouts before sending police to break into his house.
He said the police action has caused distress to his ailing mother who was asleep at the time of forced entry.
“Indeed, if police can raid the home of a senior government official in society without cause, I wonder how many ordinary Kenyans suffer such plight or even greater at the hands of police officers.
Kacc and police wanted to make an arrest with insufficient probable cause and the attempted arrest and raiding of my rural home was made in bad faith and with malice,” Dr Gesami said.

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