A Tourist Police Sergeant Charged In A Nairobi Court With Deserting Duty

A Police officer attached to the Tourist Police Unit on Thursday last week appeared before a Kilimani magistrate’s court in Nairobi charged with deserting duty from the Kenya Police Service Force contrary to Section 94(1) as read with Section 94(3) of the National Police Service Act.

Police Constable Berem Working with the Tourist Police Unit was charged that between April 2014 and May 2014 being a police officer attached to that Police Unit based at the Kilimani Police Division in Nairobi, he deserted from the police service for a period of 22 days without leave.

Berem who is represented by Nairobi lawyer John Ochieng Ogada is being heard by Milimani Senior Principal Magistrate Mrs. Charity Oluoch.

Police Chief Inspector Asha Duba who is in charge of the Tourist Police Base in Nairobi told the Court that on April 25th, 2014 Sergeant James Michemi reported that Sergeant Eliud Kibet Berem had been absenting himself from duty without permission.

Chief Inspector Duba told the court that she instructed one Senior Sergeant Grace Ngatunyi to make an entry in the Occurrence Book on the matter and they began searching for Berem whom they later declared a deserter and charged him with a criminal offense.

She said: “I sent signals to various Police Stations about Berem’s absence and requesting for the arrest of the missing officer. I also appointed Police Officer Lemurda to investigate the case.”

During cross examination by Lawyer John Ogada, the Police witness said that although every absence must be recorded in the Occurrence Book, the alleged absence on 22nd, 23rd and 24th, April 2014 were not recorded in the Book.

The Chief Inspector initially insisted that she had recorded everything that she had told the court in her witness statement, but when confronted with a copy of her statement by lawyer Ogada, she admitted that many things in her official statement were not included in the lawyer’s copy.

She instead produced several certified copies of documents which Ms. Duba agreed before Magistrate Oluoch that she did not know who certified them.

Mr. Ogada also questioned her in court whether Berem was still a police officer, but the Chief Inspector was not able to give any answers to these query saying that as far as she knew he had been removed from strength, but did not know whether he was still a police officer.

The prosecution said that one witness was remaining to appear before the court to give evidence after which they will close their case. Magistrate Oluoch fixed further hearing of the case on March 14th, 2017.

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