Today I want to address the practice in Kenya of recording a statement with the police. As a lawyer who was not trained in the commonwealth kind of law. I find this very laughable and wrong. Police use it to intimidate a possible accused. I mean at the time one records a statement, are they accused. If not, I put it to you, the police has no right even under Kenyan constitution to get a statement. Here in the USA, you are either arrested or not. If you are arrested and to be accused, you have the right to remain silent and to be represented by an attorney. I see in Kenya people, including competent lawyers bowing to the illegality of recording a statement when no charges have been preferred on you? People it is time to revisit the constitution and prevent the police from assuming powers that are not conferred by the constitution. One is innocent until proved guilty. Better still one is presumed not accused until police can show cause to arrest. There cannot be a midway, or half accused or half innocent! According to universal rules of prosecution, until there is probable cause, one is a suspect and the police must protect the reputation of that person by not letting the public know them. By the time the police tells the public that they are getting a statement from me or you, they must have probable cause. Ati watu wanaenda kwa polisi to give a statement! Bure kabisa! It is intimidation by the police, and by extension by the commander in chief!
Posted on: Wed, 25 Jun 2014 03:26:40 +0000
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