A Nyeri court will not hear a case against a police trainer accused of raping a recruit at the Kiganjo Police Training College in Nyeri before an inquiry is conducted.
Assistant Director of Public Prosecutions Job Kaigai urged the court to withdraw the case against Sergeant Wycliffe Kwendo to allow the police to complete their inquiry.
The recruit was on night shift duty within the college when she was allegedly raped by the sergeant, a drill instructor, who was in charge of the night shift duties on July 7.
Mr Kaigai recommended the inquiry be conducted before the hearing commences.
He noted that it would be imprudent to rush the matter before court without establishing the exact circumstances under which the alleged rape occurred.
Prosecutor Peter Wahome made an application for withdrawal of the charges before Mr Kwendo could take plea following the letter from the DPP’s office.
Mr Kaigai said under the Forces Standing Orders Act, if commission of a criminal offence is disclosed as a result of an inquiry into a complaint by a member of the public, and a prima facie case exists, a full written report should first be made to the Director of Investigations.
A copy of the report should also be sent to the Inspector General of Police as soon as the investigations are complete.
“After perusal of the file which accompanies the report, the Director of Investigations will obtain the advice of the state law office as to whether or not the officer should be prosecuted before the court,” said Mr Kaigai in his application.
Nyeri Senior Resident Magistrate Christine Wekesa ruled that the procedure was not followed adding that the case was prematurely before court.
MOBILE PHONE CASE
At the same time, the court dismissed an application by a police recruit charged with stealing a mobile phone at the college to delay the hearing to await an inquiry saying the application was premature.
Through lawyer Njuguna Kimani, Sharon Ntaloishi submitted that she was a long serving recruit at the college when the offence was allegedly committed.
Ms Ntaloishi is charged with stealing a mobile phone from her colleague, Christine Nyaboke on June 28.
She argued that the Forces Standing Orders apply to recruits too adding that that was the reason why they are given force numbers after recruitment.
The prosecutor argued that Ms Ntaloishi was a recruit and not a police officer and denied that a recruit is issued with a force number.
“A police officer means an Administration Police officer or a Kenya police officer and includes those of the Directorate of Criminal Investigations and reservists,” said the magistrate.
Ms Wekesa added that a recruit does not fall under that category and fixed November 19 as the next hearing date.