CHIEF JUSTICE SETS TRIAL DATE TO HEAR POLICE COMMISSIONER"S CONTEMPT CHARGES
Chief Justice Salamo Inija sitting as National Court Judge set the trial date on 31st October 2014 to hear the contempt of court charges filed against the Police Commissioner Geoffrey Vaki. National Fraud & Anti Corruption Director Mathew Damaru and his Deputy Timothy Gitua filed the contempt proceedings against Vaki after he prevented them from executing the warrant of arrest on the Prime Minister.
The warrant issued by the District Court on 12th June 2014 directed Timothy Gitua including the Commissioner of Police and all officers and members of the Police Force to arrest the Prime Minister and to ensure his appearance in court to answer to the charges of Official Corruption in Office.
The contempt of court charges relate to Vaki allegedly impeding or preventing (stopping) National Fraud & Anti-Corruption Members including all other members of the Police Force from arresting the Prime Minister. Alleging he intentionally and wilfully impeded and interfered with the warrant of arrest issued by the District Court
Vaki presumed as the head of the Police Force he had constitutional powers to direct of control other members of the Police Force regarding the execution of warrants of arrest.
However Supreme Court recently ruled the Commissioner of Police has no such powers. An arrest warrant is equivalent (same) as court order which must be complied with and put into effect. Members of the Police Force including Commissioner of Police who does not execute (carry-out) a warrant of arrest in a timely manner or refuses to execute it or frustrates the attempts of other members of Police Force trying to execute the warrant maybe guilty of contempt of court. The Commissioner can challenge a warrant of arrest but must make an application to the District Court he does not have the power to defy it or direct other members of the Police Force from executing it.
Damaru & Gitau filed four charges against Vaki's where they allege he defied or prevented the arrest of the Prime Minister by deploying 100 police members to protect him from being arrested. They have applied for a penalty of 10 years in prison.
Vaki also faces another contempt of court proceedings filed in the National Court in relation to the Prime Minister's initial case that was before Justice Kariko. The Judge in those proceedings issued orders that the status quo was to remain the same until the matter returned to Court.
However Vaki after being appointed Police Commissioner by the Prime Minister the night before allegedly defied the Judges orders by side-lining the Police Lawyer Nicholas Niviri and appointing private lawyer Paul Mawa to support the Prime Minister's case instead of the National Fraud Squad Members. The proceedings are still on-going and listed for hearing in November 2014.
The third proceedings against Vaki are criminal prosecution for the charge of perverting the course of justice (meaning interfering with justice) in relation to the same issue of side-lining the Police Lawyer Niviri and supporting the accused being the Prime Ministerof from being arrested. The penalty is up-to seven years in prison. These proceedings are still before the District Court. Vaki has filed a no case submission to have the case struck out if unsuccessful the will be committed to stand trial in the National Court.
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